Payment of Gratuity Act (Amendment) 2009

ronak (Querist) 31 July 2011 This query is : Resolved
Is is right to provide gratuity retrospectively.
Can't it create extra burden on educational institutions and other establishments who are already financial weak?
Can it be challenged in supreme court?
And on what basis?

and what are the basis of the date they mentioned 3 april 1997 ?
why it is not the from the date 1972 the act passed by legislature ?

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prabhakar singh (Expert) 31 July 2011
NORMALLY FISCAL LEGISLATION ARE NOT PASSED WITH RETROSPECTIVE EFFECT BUT THAT DOES NOT MEAN IT IS SO FOR WANT OF LEGISLATIVE CAPACITY ,A LEGISLATURE IS ALWAYS COMPETENT TO DO SO TO REMOVE THE EFFECT OF UNDESIRED JUDGEMENT OF A COURT WHICH HINDERS INTO ITS POLICIES.

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