(1)- Save as otherwise provided in this section every person, who was employed in the Local Self Government Engineering Department of the State Government shall on and from the appointed date become employee of the Nigam and shall hold his office or service therein by the same tenure, at the same remuneration and upon same other terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed date if this Act has not come into force, and shall continue to do so until his employment in the Nigam is terminated or until his remuneration or other terms and conditions of services are revised or altered by the Nigam under or in pursuance of any law or in accordance with any provision which for the time being governs his service:
Provided that nothing contained in this sub-section shall apply to any such employee, who by notice in writing given to the State Government within such time as the State Government may, by general or special order, specify, intimates his intention of not becoming an employee of the Nigam :
Provided further that the services of any employee referred to in the preceding proviso under the State Government shall stand terminated on account of abolition of the post held by him and he shall be entitled from the State Government to compensation equivalent -
(i)- in the case of a permanent employee, to three month's remuneration
(ii)- in the case of a temporary employee, to one month's remuneration.
(2)- The sums standing to the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the State Government to the Nigam along with any accumulated interest due till the appointed date and with the accounts relating to such funds and the Nigam shall, to the exclusion of the State Government, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service.
(3)- Notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of services of any employee to the Nigam 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.
(4)- Every permanent or temporary employee of the Local Self-Government Engineering Department of the State Government under sub-section (1) shall on and from the appointed date, be a permanent or temporary employee of the Nigam, as the case may be, against a permanent or temporary post which shall stand created in the establishment of the Nigam with effect from the appointed date.
(5)- An employee referred to in the first proviso to sub-section (1) shall be deemed to have continued to be in the service of the State Government between the appointed date and the date of abolition of posts under the second proviso to that sub-section, but the State Government shall be entitled to reimbursement from the Nigam of the remuneration paid by it to such employee for that period and also of the compensation referred to in the second proviso to that sub-section.
(6)- Nothing in para 426 or para 436 of the Civil Service Regulations as applicable to Government servants under the rule making control of the State Government in relation to retrenchment or abolition of posts shall, except to the extent provided in this section, apply to any employee referred to in sub-section (1).
(7)- Notwithstanding anything contained in the foregoing sub-sections -
(a)- the services of no person who was employed in the Local Self-Government Engineering Department of the State Government immediately before the appointed date against whom any disciplinary proceeding was pending or to whom any notice or order of,termination of his services or compulsory retirement had been issued before the appointed date shall stand transferred to the Nigam on or from the appointed date and such persons may be dealt with after the appointed date in such manner and by such authority as the State Government may by general or special order specify in this behalf;
(b)- if the services of any employee of the State Government stand transferred under sub-section (1) to the Nigam, the Nigam shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government.
Provided that nothing contained in this sub-section shall apply to any such employee, who by notice in writing given to the State Government within such time as the State Government may, by general or special order, specify, intimates his intention of not becoming an employee of the Nigam :
Provided further that the services of any employee referred to in the preceding proviso under the State Government shall stand terminated on account of abolition of the post held by him and he shall be entitled from the State Government to compensation equivalent -
(i)- in the case of a permanent employee, to three month's remuneration
(ii)- in the case of a temporary employee, to one month's remuneration.
(2)- The sums standing to the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the State Government to the Nigam along with any accumulated interest due till the appointed date and with the accounts relating to such funds and the Nigam shall, to the exclusion of the State Government, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service.
(3)- Notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of services of any employee to the Nigam 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.
(4)- Every permanent or temporary employee of the Local Self-Government Engineering Department of the State Government under sub-section (1) shall on and from the appointed date, be a permanent or temporary employee of the Nigam, as the case may be, against a permanent or temporary post which shall stand created in the establishment of the Nigam with effect from the appointed date.
(5)- An employee referred to in the first proviso to sub-section (1) shall be deemed to have continued to be in the service of the State Government between the appointed date and the date of abolition of posts under the second proviso to that sub-section, but the State Government shall be entitled to reimbursement from the Nigam of the remuneration paid by it to such employee for that period and also of the compensation referred to in the second proviso to that sub-section.
(6)- Nothing in para 426 or para 436 of the Civil Service Regulations as applicable to Government servants under the rule making control of the State Government in relation to retrenchment or abolition of posts shall, except to the extent provided in this section, apply to any employee referred to in sub-section (1).
(7)- Notwithstanding anything contained in the foregoing sub-sections -
(a)- the services of no person who was employed in the Local Self-Government Engineering Department of the State Government immediately before the appointed date against whom any disciplinary proceeding was pending or to whom any notice or order of,termination of his services or compulsory retirement had been issued before the appointed date shall stand transferred to the Nigam on or from the appointed date and such persons may be dealt with after the appointed date in such manner and by such authority as the State Government may by general or special order specify in this behalf;
(b)- if the services of any employee of the State Government stand transferred under sub-section (1) to the Nigam, the Nigam shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government.