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1987 Supreme(Cal) 23

Umesh C.Banerjee
Bharat Process & Mechanical Engineers Limited Assistants Apprentices – Appellant
Versus
Bharat Process & Mechanical Engineers Limited – Respondent


Advocates Appeared:
B. N. Sen with, P. K. Mallick, Mrs. Ruma Pal & Dilip K. Seth for petitioner.
R.C. Deb with, Biswaroop Gupta and T. K. Bose for respondent.

ORDER:

In terms of the provisions of Bird & Co. Ltd (Acquisition & Transfer of Undertakings & Other Properties) Act, 1980 (Act No 67 of 1980), the undertakings of the Bird & Co., and the right, title and interest of the Company In relation to its undertakings stood transferred to and vested in the Control Government on and Since 25th October, 1980. In this writ petition, the petitioners challenge the revision and rationalisaton of pay scales of the Officers of Bharat Process Mechanical Engineers. & Way bird India Ltd. (henceforth to be referred to as the ‘said Company’).

2. Section 11(1) of the Act of 1980 noted above provides that every employee of the Company employed in connection with any undertaking owned by it, shall, on and from the appointed day, become an employee of the Central Government and where such undertaking is vested in a Government Company under the Act, become on and from the date of such vesting in such Government Company, an employee thereof and shall hold office or service under the Central Government, of the Government Company, as the case may be, with same rights and privileges as to pension, gratuity and other matters as would have been admissible to him, if






































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