Section 12 in Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976
12. Employment of certain employees to continue.-
(1)Every person who is a workman within the meaning of the Industrial Disputes Act, 1947(14 of 1947), and has been immediately before the appointed day, employed in any undertakings of either of the two companies shall become, on and from the appointed day, an employee of the Central Government or, as the case may be, of the Government company in which the right, title and interest of the two companies in relation to their undertakings have vested under this Act, and shall hold office or service under the Central Government or the Government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the Central Government or the Government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the Central Government or the Government company, as the case may be.(2)Every person who is not a workman within the meaning of the Industrial Disputes Act, 1947(14 of 1947), and who has bee, immediately before the appointed day, employed in any undertaking of either of the two companies shall, become, as from the appointed day, an employee of the Central Government or the Government company, and shall hold office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as would have been admissible to him if the undertaking of the company in which he was employed had not been transferred to,and vested in, the Central Government or the Government company and shall continue to do so unless and until his employment in the Central Government or the Government company is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Central Government or the Government company, as the case may be.(3)Notwithstanding anything contained in the Industrial Disputes Act, 1947(14 of 1974), or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertakings of either of the two companies, to the Central Government or the Government company shall not entitle such officer or other 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.(4)Where, under the terms of any contract of service or otherwise, any person whose services become transferred to the Central Government or the Government company by reason of the provisions of this Act is entitled to any arrears of salary or wages or any payments for any leave not availed of or other payment, not being payment by way of gratuity or pension, such person may, except to the extent of such liability which has been taken over by the Central Government or the Government company under sub-section (2) of section 5, enforce his claim against the company by which he was employed immediately before such transfer, but not against the Central Government or the Government company.
