Section 112E in Uttar Pradesh Municipal Corporation Act, 1959
112E. [ [Inserted by U.P. Act 38 of 2006, S. 5.]
(1)Notwithstanding anything contained in any other law for the time being in force and without prejudice to the generality of the powers conferred by this Act or the rules made thereunder the Municipal Commissioner may at any time by general or special order direct any regular, ad hoc or contractual employee of the Municipal Corporation who goes or remains on or otherwise takes part in any strike which has been prohibited by an order under sub-section (1) of Section 3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 to resume duty by the day or hour and in the manner specified in the order.(2)Notwithstanding anything contained in any other provisions of this Act or the rules made thereunder, -(a)the employment or contract of a regular, ad hoc or contractual employee with the Corporation shall become void with effect from the day or hour specified in the order referred to in sub-section (1) if the employee fails to resume duty in response to the said order;(b)where the employment or contract of a regular, ad hoc or contractual employee becomes void under clause (a), the services of such employee shall stand terminated and such employee shall not be entitled to any notice before the termination of his services, nor any disciplinary inquiry, shall be required before such action.(3)In particular, and without prejudice to the generality of the foregoing provisions of this section, the Municipal Corporation shall not be liable for payment of salary of any such employee beyond the day or hour specified in the order referred to in sub-section (1).(4)The Municipal Commissioner shall, notwithstanding anything to the contrary contained in any other provisions of the Act or the rules and regulations made thereunder be competent to appoint on temporary basis any person possessing the requisite qualifications for discharging the duties of the post or the employee referred to in sub-section (2).]
