Transfer of services of existing employees

(1) Every whole time employee who was on or before the 16th day of March, 1992, appointed or employed in connection with the management of the Kutlehar Forest Estate and has been continued to be so appointed or employed on the appointed day in connection with the said management, the right of management of which has been acquired under this Act, shall, on the appointed day, become an employee of the Government and shall hold his office by the same tenure, at the same remuneration and upon same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the management of the Kutlehar Forest has not been transferred to and vested in the Government and shall continue to do so unless and until his employment under the Government is duly terminated or until his remuneration or terms and conditions of service are duly altered by the Government :

Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in this sub-section shall not be varied to his disadvantage.

1. (2) If any question arises as to whether any person was a wholetime employee in or in connection with the management of the Kutlehar Forest immediately before the appointed day, the question shall be referred, within a period of one year from the appointed day, to an officer of the Government, who shall not be lower in rank of the Divisional Commissioner and that officer shall, after giving a reasonable opportunity of being heard to the person concerned in the matter, decide it in such manner as he thinks fit and such decision shall be final.
2. (3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or, in any other law for the time being in force, the transfer of the services of an employee employed in or in connection with the management of the Kutlehar Forest to the Government shall not entitle such employee to any compensation under that Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.