Section 11(5) in Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986
(5)Where-(a)the services of any person employed before the appointed day in a specified textile undertaking are terminated-(i)under the terms of any contract or service or otherwise of(ii)under sub-section (3), and(b)such person is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment not being payment by way of gratuity or compensation for retrenchment,Such person may, except to the extent such liability of payment has been discharged by the State Government or the Corporation under sub-section (4) of Section 7 enforce his claim against the owner of the specified textile undertaking but not against the State Government or the Corporation.Provided that notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), the payment of Wages Act, 1936 (IV of 1936) and the Payment of Gratuity Act, 1972 (39 of 1972),-(a)The State Government or the Corporation shall not be liable,-(i)to any person who has become an employee of the Corporation under sub-section (1) for payment of gratuity or any arrears of wages, or(ii)to any person whose services stand terminated under sub-clause (i) of clause (a) of sub-section (3) for payment of gratuity or any arrears of wages or compensation for retrenchment or closure for the period commencing from the day on which the specified textile undertaking in which such person was employed was closed and ending on the day on which such person becomes an employee of the Corporation or, as the case may be, on which his services stand terminated irrespective of whether such closure was in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of 1947), or not;(b)the termination of services of a person under sub-clause (ii) of clause (a) of sub-section (3) on his becoming an employee of the Corporation under sub-section (1) shall not entitle such person to payment of any gratuity.Explanation. - In this Section the expression "designated date" means such date as the State Government may, in relation to any specified textile undertaking by notification designate, and different dates may be designated in relation to different specified textile undertakings.
