Dalmia Dadri Cement Limited (Acquisition and Transfer of Undertakings) Act,1981
Act No : 31
Section : EMPLOYMENT OF CERTAIN EMPLOYEES TO CONTINUE
SECTION 12: EMPLOYMENT OF CERTAIN EMPLOYEES TO CONTINUE
(1) Every person who has been, immediately before the appointed day, employed in any of the undertakings of the Company shall become. -
(a) on and from the appointed day, an employee of the Central Government: and
(b) where the undertakings of the Company are directed under sub- s (1) ofsection 6-. to vest in the Cement Corporation, an employee of that Corporation on and from the date of such vesting and shall hold office or service under the Central Government or the Cement Corporation, as the case may be, with the same rights and privileges as to pension. gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the Central Government or the Cement Corporation, as the case may be, is duly terminated or until his remuneration, and other conditions of service are duly altered by the Central Government or the Cement Corporation, as the case may be.
(2) Notwithstanding anything contained inthe Industrial Disputes Act. 1947-, or in any other law for the time being in force the transfer of the services of any officer or other person employed in any undertaking of the Company to the Central Government or the Cement Corporation shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court. tribunal or other authority.
(3) Where, under the terms of any contract of service or otherwise, any person, whose services become transferred to the Central Government or the Cement Corporation by reason of the provisions of this Act, is entitled to any arrears of salary or wages or any payments for any leave not availed of or any other payment not being payment by way of gratuity or pension, such person may enforce his claim against the Company, but not against the Central Government or the Cement Corporation.
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