Amendment status not verified — confirm the current text below against the official source.
1986 : Mah.XLVI] Central India Spinning, Weaving and Manufacturing 9 Company Limited, The Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986. to the requirements of the units or offices of the Corporation restructured as a result of re-organisation of the undertaking, he shall become, from the date of his appointment by the Corporation, an employee of the Corporation and shall hold office or service in the Corporation on such terms and conditions of employment as may be determined by the Corporation. (3) (a) The services of every person employed by the proprietor before the appointed day shall stand terminated— (i) on the designated date if such person is not employed before that date by the Corporation under sub-section (1) or (2), and (ii) on the date of his appointment if such person is employed before the designated date by the Corporation under sub-section (1) or (2). (b) A person whose services stand terminated under sub-clause (i) of clause (a) shall not be entitled to claim employment in the Corporation as of right. (4) (a) Every person whose services stand terminated under sub-clause (i) of clause (a) of sub-section (3) shall be entitled to— (i) payment of gratuity and of compensation for retrenchment or closure in accor- dance with the provisions of the Payment of Gratuity Act, 1972 and the Industrial Desputes Act, 1947 if he is a workman within the meaning of the latter Act, and (ii) payment of gratuity if he is not such a workman : Provided that, no person whose services are terminated on his superannuation on or before the designated date, shall be entitled to payment of compensation for retrenchment. (b) Notwithstanding anything contained in Chapter VI and notwithstanding that the liability for payment of gratuity and compensation for retrenchment or closure under clause (a) is that of the proprietors such liability shall be discharged by the State Government or the Corporation, according to the order of priorities mentioned in the Schedule and on discharge of such liability by the State Government or the Corporation the proprietors shall stand discharged to the extent of the liability so discharged. (5) Where,— (a) the services of any person employed before the appointed day in the undertaking are terminated.— (i) under the terms of any contract or service or otherwise, or (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 compen- sation for retrenchment, 39 of