Section 16 in Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971
16. Transfer of employees.
(1)Save as otherwise provided in this section, every person (other than a director of a company in whom the ownership, management or control of the scheduled undertaking was vested immediately before the appointed day, or of a subsidiary company of such company, or a relative, as defined in section 6 of the companies Act. 1956 (Act. 1 of 1956). of such director or of proprietor or partner or lessee of the undertaking, who was employed exclusively in connection with the schedule undertaking immediately before the appointed day shall, on and from that day become an employee of the Corporation and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions, and with same rights and privileges as to pension gratuity and other matters as he would have held the same on the appointed day if the undertaking had not been transferred to and vested in the Corporation and shall continue to do so until his employment in the Corporation is terminated or until his remuneration or other terms and condition of service are revised or altered by the Corporation under or in pursuance of any law or in accordance with any provision which for the time being governs his service:Provided that no appointment made or promotion, increment in salary pension, allowance or any other benefit 1[granted to any person after the 31st day of March, 1970 in relation to an undertaking specified in Schedule I, 31st day of March, 1983 in relation to an undertaking specified in Schedule II and such date as may be notified by the State Government in this behalf in relation to an undertaking specified in Schedule III (such dates hereinafter referred to as the specified date] and before the appointed day which in the opinion of the Corporation would not ordinarily have been admissible under the terms and conditions of service in force prior to the specified date shall have effect or be payable or claimable from the Corporation or from any provident. Pension or other fund or from any authority administering the fund unless the State Government has, by general or special order, confirmed the appointment, promotion or increment or has directed the continued grant of the pension, allowance or other benefit, as the case may be.(2)Notwithstanding anything in sub-section (1), but subject to any express agreement to the contrary, any person referred to therein other than a workman as defined in the U.P. Industrial Disputes Act. 1947 (U.P. Act XXVIII of 1947), who becomes an employee of the Corporation shall be liable to be transferred from the scheduled undertaking in which he was employed immediately before the appointed day to any other undertaking or establishment belonging to the Corporation at the same remuneration and on the same terms and conditions as govern him immediately before such transfer.(3)If the question arises as to whether any person was exclusively employed in connection with the scheduled undertaking immediately before the appointed day, it shall be decided by the prescribed authority.(4)For the person who, immediately before the appointed day were trustees for any person, provident gratuity or other like fund constituted for the employees referred to in sub-section (1), other than trustees nominated by or under any law, there shall be substituted as trustees such person as the State Government may, by general or special order, specify.(5)Notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947 (U.P. Act XXVIII or 1947), or in a any other law for the time being in force, the transfer of services of any employee to the Corporation under sub-section (1) shall not entitle any such employee to any compensation under that Act or such other law, and no such claim shall be entertained by any Court, tribunal or authority.(6)Where the State Government is satisfied that for purposes for securing uniformity in the scales of remuneration and other terms and conditions of service applicable to persons employed in connection with the scheduled undertakings vested in the Corporation under this Act it is necessary so to do, or that in the interest of Corporation or for the development of sugar industry in the State a reduction in remuneration payable or any class of them it called for the State Government notwithstanding anything in this section or in the U.P. Industrial Disputes Act 1947 (U.P. Act XXVIII of 1947), or any other law for the time being in the award, settlement or agreement for the time being in force may at any time within the period of three years from the appointed day after (whether by way of reduction or otherwise) the remuneration and the other terms and conditions of service to such extent and in such manner as it thinks fit, and if the alteration is not acceptable to any employee, the Corporation may terminate his employment by giving him compensation equivalent to three months, remuneration unless the contract of service with such employee provides for a shorter notice of termination.Explanation I. - The compensation payable to an employee under this sub-section shall be in addition to and shall not affect, any pension gratuity, provident fund or any other benefit to which the employees may be entitled under the contract of service.Explanation II. - The Expression "contact of service" means the contract as subsisting between the employee and the Corporation immediately before termination.(7)For the purposes of adjudication upon the fairness or reasonableness of the provisions of any standing orders under the Industrial Employment (Standing Orders) Act, 1947 {Act XX of 1946) or the fairness and reasonableness of wages and other allowances, leave with wages, holidays, bonus, profit-sharing provident fund, gratuity, customary concession and privileges, rationalisation, retrenchment or any other matter mentioned in the Second or the Schedule III to the U.P. Industrial Disputes Act, 1947) U.P Act XXVIII of 1947) and for calculation of bonus under the payment of Bonus Act, 1965 (Act XXI of 1965) or any contribution under the Employees' Provident Fund Act, 1952 (Act XIX of 1952) or under the Employees' State Insurance Act, 1948 (Act XXXIV of 1948) the accounts, profits, losses and other circumstances of or pertaining to the undertaking belonging to the Corporation in which a workman or other employee is for the time being employed shall alone be considered and not the accounts, profits, losses and other circumstances of any other undertaking vested by virtue of this Act in the Corporation or otherwise acquired by it.(8)Where at any time after the appointed day the Corporation promotes any subsidiary company and transfer one or more scheduled undertaking which by virtue of this Act have vested in the Corporation such company, the services of such of the employees of the Corporation declare to have been employed in connection with that or those undertaking excepting (such of them as elect otherwise within such time as may be prescribed) shall stand transferred to that subsidiary company and every such employee shall become the employee of such company and privileges as to pension, gratuity and other matters as would have been admissible to him if the undertaking had not been transferred to the subsidiary company, and shall continue to do so until his remuneration or other terms and conditions of service are revised or altered by the company under or in pursuance of any law or in accordance with any provision which for the time being governs his service and the provisions of sub-section (5) shall mutatis mutandis apply to in relation to such transfer of services.
