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Union of India - Section

Section 14 in Coal Mines (Nationalisation) Act, 1973

14. 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, in the employment of a coal mine 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 such mine have vested under this Act, and shall hold office or service in the coal mine with the same rights to pension, gratuity and other matters as would have been admissible to him of the rights in relation to such coal mine had not been transferred to, and vested in, the Central Government or the Government company, as the case may be, and continue to do so unless and until his employment in such coal mine is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Central Government or the Government company.
(2)The Central Government or the Government company in which the right, title and interest in relation to a coal mine have vested, may employ, on mutually acceptable terms and conditions, any person who is not a workman within the meaning of the Industrial Disputes Act, 1947, (14 of 1947) and who has been immediately before the appointed day, in the employment of a coal mine, and no such employment the said person shall become an employee of the Central Government or the Government company, as the case may be.
(3)Save as otherwise provided in sub-section (1) and (2), the services of every person employed by the owner or occupier of a coal mine before the appointed day shall stand terminated on and from the specified date.
(4)Notwithstanding anything contained in the Industrial Disputes Act, 1947, (14 of 1947) or in any other law for the time being in force, the transfer of the services of any officer or other employee of a coal mine to any other mine 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 not such claim shall be entertained by any court, tribunal or other authority.
(5)Where, under the terms of any contract of service or otherwise, any person whose services become terminated or whose services become transferred to the Central Government or Government company by reason of the provisions of this Act is entitled to any payment by way of gratuity or retirement benefits or for any leave not availed of, or any other benefits, such person may enforce his claim against the owner of the coal mine but not against the Central Government or the Government company.