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State of Assam - Section

Section 15 in The Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996

15. Employment of certain employee to continue.

(1)Every person who has been, immediately before the appointed day, employed on a permanent basis in the undertaking of the company shall become on and from the appointed day, an employee of the State Government or thereafter of the Board, as the case may be, with the same terms and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to the undertaking had not been transferred to and vested in the Board and shall continue to do so until and unless his employment in the Board is duly terminated or until his remuneration and other conditions of service are duly altered by the Board :Provided that all the persons who are employees of the company and directly employed for the project shall continue in the rolls of the State Government or thereafter of the Board, as the case may be, until final determination by the Commission :Provided further that the persons employed as employees of the company shall not include the persons employed on contract basis and the Commission constituted under sub-section (1) of Section 14 shall determine the number of such employees :Provided also that in no case such employees shall enjoy better terms and conditions than those prevailing in the case of State Government or the Board, as the case may be.
(2)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947), or any other law for the time being in force, the transfer of the services of any Officer or employee in the undertaking of the company to the State Government or to the Board, as the case may be, shall not entitle such Officer or 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.