Provisions for existing staff of licensee.

The Shillong Electricity Supply Undertaking (Acquisition) Act, 1977

Corporate197721 sections

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Statutory text

(1) Every person who was employed in connection with the affairs of the undertaking as its employee immediately before the vesting date, other than directors or advisers, shall become on the vesting date an employee of the Government and thereafter an employee of the Board on the date of transfer of the undertaking to the Board under section 4, and shall hold his service on the same term and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking had not been transferred to and vested in the Government or the Board, as the case may be, and continue to do so unless and until his employment under the Government or the Board, as the case may be, is terminated after giving him three calendar months’ notice in writing, or paying him three months’ pay in lieu of such notice, as the case may be, or until his remuneration, terms or conditions are duly altered by the Government or the Board, as the case may be. (2) If the licensee fails to pay such an employee his dues arising or accrued on or before the vesting date, the Government or the Board, as the case may be, may pay him the said dues and the amount so paid shall be deducted from the amount payable by the Government to the licensee. (3) In case the Government or the Board, as the may be, retrench any such employee within a period of one year from the vesting date, the amount payable to such an employee on retrenchment shall be deducted from the amount payable by the Government to the licensee. (4) For the persons who immediately before the vesting date were the trustees for any pension, provident, gratuity or other like fund constituted for employees of the licensee, these may be substituted as trustees, such persons as the Government may, by general or special order, specify. (5) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Act 14 of 1947), or in any other law for the time being in force, the transfer of the services of any employee from the licensee to the Government or from the Government to the board, shall not entitle such employee to any compensation under this Act or any other law from the time being in force and no such claim shall be entertained by any court, tribunal or other authority.(6) If any question arises as to whether or not any person was employed in connection with the affairs of the undertaking as its employee immediately before the vesting date, or whether or not the services of any persons have been transferred to the Government or Board under this Act, it shall be decided by an officer authorised for this purpose by the Government and an appeal shall lie against his decision to the Government whose decision shall be final.

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