Burmah Shell (Acquisition of Undertakings in India) Act,1976
Act No : 2
Section : TRANSFER OF SERVICE OF EXISTING EMPLOYEES OF BURMAH SHELL
SECTION 09: TRANSFER OF SERVICE OF EXISTING EMPLOYEES OF BURMAH SHELL
- (1) Every whole-time officer or other employee of Burmah Shell who was immediately before the appointed day, employed by Burmah Shell in connection with its undertakings in India, and every whole-time officer or other employee of Burmah Shell who was immediately before the appointed day, temporarily holding any assignment outside India, shall, on the appointed day, become an officer or other employees, as the case may be, of the Central Government or the Government company in which the right, title and interest of Burmah Shell in relation to its undertakings in India have vested under this Act and shall hold office or service under the Central Government or the Government company, as the case may be, on the same terms and conditions and with the same rights 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 Government company is duly terminated or until his remuneration and conditions of service are duly altered by the Central Government or the Government company.
(2) If any question arises as to whether -any person was a whole-time officer or other employee of Burmah Shell or as to whether any officer or other employee was employed wholly or mainly in connection with the undertakings of Burmah Shell, in India immediately before the appointed day, or whether any ..hole-time officer or other employee of Burmah Shell was temporarily holding any assignment outside India, the question shall be referred within a period of two years from the appointed day and not thereafter, to the Central Government which shall, after giving an opportunity of being heard to the person concerned in the matter, decide it in such manner as it thinks fit and such decision shall be final.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947-,the Payment of Gratuity Act, 1972-, or in any other law for the time being in force, the transfer of the services of any officer or other employee under sub-section (1) shall not entitle any such officer or other employee to any compensation or gratuity under those Acts or such other law, and no such claim shall be entertained by any court, tribunal or other authority. .
Read All Comments
