Section 11 in The Tinsukia and Dibrugarh Electric Supply Undertakings (Acquisition) Act, 1973
11. Provisions for existing state of licence.
(1)Every person who genuinely employed in connection with the affairs of an undertaking as its employee immediately before the vesting date, shall become on the vesting date, an employee of the Government and thereafter an employee of the Board on the date of transfer of the underacting to the Board under Section 5, and shall hold his services on the same terms, and conditions and with the same rights to pension, gratuity and other matters as have been admissible to him if the undertaking would have not been transferred to and vested in the 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 or conditions are duly altered by the Government or the Board, as the case may be.(2)If the licensee fails to pay such an employee his dues as immediately before the vesting date, the Government or the Board, as the case may be, may pay him these dues and the amount so paid shall be deducted from the amount payable by the Government to the licensee.(3)In case the Government or the Board, as the case may be, retrench any such employee within a period of one year from the vesting date, the amount payable to such an employee on retrenchment shall be deducted from the amount payable by the Government to the licensee.(4)For the persons who immediately before the vesting date were the trustees for any pension, provident, gratuity or other like fund constituted for the employees of the licensee, there may be substituted as trustees, such persons as the Government may by general or special order, specify.(5)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force, the transfer of the services of any employee from the licensee to the Government or from the 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 entertained by any Court, tribunal or other authority.(6)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, or whether or not the services of any person have been transferred to the Government or Board under this Act, it shall be decided by an officer authorised for this purpose by the Government and an appeal shall lie against his decision to the Government whose decision shall be final.
