Section 10 in Kerala Cashew Factories (Acquisition) Act, 1974
10. Employment of certain employees to continue.
(1)Every person who is a workman within the meaning of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), and has been, immediately before the appointed day, in the employment of a cashew factory vested under this Act in the Government or the Corporation, as the case may be, shall become, on and from the appointed day, an employee of the Government, or as the case may be, of the Corporation and shall hold office or service in the cashew factory 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 such cashew factory had not been transferred to, and vested in, the Government or the Corporation, as the case may be and continue to do so unless and until his employment in such cashew factory is duly terminated or until his remuneration, terms and conditions of employment are duly altered, by the Government or the Corporation, as the case may be.(2)The Government or the Corporation, as the case may be, in which a cashew factory has vested under this Act, may employ on mutually acceptable terms and conditions, any person who is not a workman within the meaning of the Industrial Disputes Act 1947 (Central Act 14 of 1947) and who has been immediately before the appointed day, in the employment of such cashew factory and on such employment and said person shall become an employee of the Government or the Corporation, as the case may be.(3)Save as otherwise provided in sub-sections (1) and (2) the services of every person who is on the appointed day, an employee of a cashew factory vested in the Government or the Corporation under this Act shall stand terminated on and from such date as may be specified by the Government.(4)Where, under the terms of any contract of service or otherwise any person whose service becomes terminated or whose service becomes transferred to the Government or the Corporation by reason of the provisions of this Act, is entitled to any payment by way of gratuity or retirement benefits or for any leave not availed of, or any other benefits, such person may enforce his claim against the occupier of the cashew factory but not against the Government or the Corporation.
