Section 15 in The M.P. Vidyut Pradaya Upakram (Arjan) Adhiniyam, 1974
15. As to existing staff of licensee.
(1)Every person who is a workman within the meaning of the Industrial Disputes Act, 1947 (No. 14 of 1947) and has been immediately before the vesting date in the employment of the licensee shall become on and from the vesting date an employee of the State Government or the Board, as the case may be, and shall hold office or service 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 the undertaking had not been transferred to and vested in the State 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 or until his remuneration, terms and conditions of employment are duly altered by the State Government or the Board, as the case may be :Provided that the State Government may appoint an Officer to review the genuineness of all appointments made or increments of wages given to the workmen within the preceding one year of the vesting date. If the appointment made or the increments given were not genuine, the State Government or the Board, as the case may be, may terminate the services of such employees or cancel the increments :Provided further that any person aggrieved by the decision of the Reviewing Officer may appeal against his decision to the State Government or the Board, whose decision shall be final.(2)The State Government or the Board, as the case may be, may appoint a committee for the purpose of fitment of the workmen taking over from the licensees in the scales of pay of the Board having regard to the qualifications, experience, existing pay of the workmen and the wage structure of comparable workmen in the Board.(3)The State Government or the Board, as the case may be, may employ any person who is not a workmen within the meaning of Industrial Disputes Act, 1947 (No. 14 of 1947) who may be considered suitable and necessary and the salary of such person may be determined on the basis of the salary paid by the licensee to such person on the 1st January, 1971, keeping in view the organisational pattern and the wage structure for comparable workload and responsibility existing in the State Government or the Board, as the case may be. The normal increments earned by such employees during the period of three years prior to 1st January, 1971, may be added to the salary, provided that such addition of increments docs not up-set the pay scales of the Board.(4)Save as otherwise provided in sub-sections (1) and (3), the services of every person employed by the licensee before the vesting date shall stand terminated on and from the vesting date.(5)Nothing in the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960) or any other law for the time being in force shall apply in respect of termination of services by virtue of the provisions of sub-section (4).(6)Notwithstanding anything contained in the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960) or in any other law for the time being in force, the transfer of the services of any employee to the State Government or to the Board by reason of the provisions of this Act, shall not entitle any such employee to any compensation under that Act or other law and no such claim shall be entertained by any Court, Tribunal or other authority.(7)For removal of doubt it is hereby declared that nothing in sub-section (6) shall be construed to effect the right of any employee to claim compensation from the licensee under Section 25-FF of the Industrial Disputes Act, 1947 (No. 14 of 1947).(8)Every person to whom sub-sections (1) and (3) apply shall be entitled to claim from the licensee the benefits which accrued to him immediately prior to the vesting date in accordance with terms and conditions of his service under the licensee and any other claim that is due to him from the licensee.
