- (1.) Amendment to the Payment of Gratuity Act, 1972 is challenged in this petition. Basically, the challenge is to the retrospective operation making it enforceable w.e.f. 03.04.1997.
(2.) The Payment of Gratuity Act, 1972 came into force w.e.f. 16th September, 1972 vide S.O. 601 (E). The Payment of Gratuity Act 1972, defined 'employee vide Section 2 (e) of the Act, 1972, which is reproduced as under:- "Section 2 (3):- "employee" means any person (other than an apprentice) employed on wages, [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are expressed or implied, 3 [ and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State government and is governed by any other Act or by any rules providing or payment of gratuity."
(3.) The Ministry of Labour and Employment, Government of India issued notification dated 3.4.1997, whereby the Payment of Gratuity Act, 1972 was extended to the Educational Institutions as well in which 10 or more persons are employed or were employed on any day preceding twelve months.;