Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act,1984
Act No : 55
Section : CONTINUANCE OF EMPLOYEES
SECTION 13: CONTINUANCE OF EMPLOYEES
(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 vested in an existing, or a new Government company, an employee of that company on and from the date of such vesting and shall hold office or service under the Central Government or the existing, or new, Government company, 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 existing, or new. Government company, 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 existing, or new, Government company, as the case may be:
Provided that, unless any extension of service is granted to such person after the appointed day in accordance with the rules in that behalf in force for the time being, such person retire compulsorily from the service of the Central Government or the existing, or new, Government company, as the case may be,-
(a) where he has attained or attains the age of fifty-eight years before, or on, or within a period of three months from, the appointed day, on the date of expiry of the said period of three months or on the date on which he shall retire compulsorily from service in accordance with the conditions of service applicable to him immediately before the appointed day, whichever date is earlier.
(b) in any other case, on the attaining the age of fifty -eight years.
(2) Notwithstanding anything contained in the 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 existing, or new, Government company 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.
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