Section 11 in The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979
11. Provision regarding existing staff.
(1)Every person who is a workman, within the meaning of the Industrial Disputes Act, 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 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 The State Government or the Board, as the case may be, and continue to do so unless and until his employment under the State 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 three years of the vesting date. If the appointments 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 wage increments:Provided further that any person aggrieved by the decision of the Reviewing Officer may appeal against the 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 fixing the workmen, taken over from the licensee, 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 workman within the meaning of the Industrial Disputes Act, 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 work-load 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, maybe added to the salary provided that such addition of increment does 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)For the persons who immediately before the vesting date were the trustees for any pension, provident fund, gratuity or other like fund constituted for the employees of the licensee, may be substituted as trustees, such persons as the State Government or the Board, as the case may be, may by general or special order, specify.(6)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Act 14 of 1947), or in any other law for the time being in force, the transfer of the service of any employee from the State Government to the Board shall not entitle such employee to any compensation under this Act, or any other law for the time being in force, and no such claim shall be enforced by any court, tribunal or other authority.(7)If any question arises as to whether or not any person was genuinely employed in connection with the affairs of the undertaking as its employee immediately before the vesting date, it shall be decided by any officer authorised for the purpose by the State Government or the Board, as the case may be and an appeal against his decision shall lie to the State Government or the Board, as the case may be, whose decision shall be final.
