Esso (Acquisition of Undertakings in India) Act,1974
Act No : 4
Section : TRANSFER OF SERVICE OF EXISTING EMPLOYEES OF ESSO
SECTION 09: TRANSFER OF SERVICE OF EXISTING EMPLOYEES OF ESSO
(1) Every whole time officer or other employee of Esso who was, immediately before the appointed day, employed by Esso in connection with its undertakings in India, and every
whole-time officer or other employee of Esso who was immediately before the appointed day, temporarily holding any assignment outside India, shall, on the appointed day, temporarily holding any assignment outside India, shall, on the appointed day, become an officer or other employee, as the case may be of the Central Government or, as the case may be the Government company in which the right, title and interest of Esso in relation to its undertakings in India have vested under this Act and shah 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 bad been no such vesting and shall continue to do so unless and until his employment under the Central Government or the Government company, as the case may be, is duly terminated or until his remuneration and conditions of service are duly altered by the Central Government or the Government company, as the case may be.
(2) If any question arises as to whether any person was a whole-time officer or other employee or as to whether any officer or other employee was employed wholly or mainly in connection with the undertakings of Esso in India immediately before the appointed day, 'Or whether any whole-time officer or other employee of Esso 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) Not withstanding 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.
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