The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act,1982
Section 11. Transfer of service of existing officers and employees of the Sikkim Bank to the co-operative bank
(1) Every officer or other employee of the Sikkim Bank (excepting the Managing Director thereof) in the employment of the Sikkim Bank immediately before the appointed day shall become,-
(a) An officer or other employee of the State Government on an from the appointed day, and
(b) Where the undertakings of the Sikkim Bank are directed, under sub-section (1) of section 7, to vest in the co-operative bank, an officer or other employee of the co-operative bank on and from the date of such vesting,
And shall hold his office or service under the State Government or the co-operative bank, as the case may be with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the State Government or the co-operative bank, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the State Government or by the co-operative bank, as the case may be.
(2) Any person who, on the appointed day, is entitled to or is intercept of a pension or other superannuation or compassionate allowance or benefit form the Sikkim Bank or any provident fund, pension or other fund or any authority administering such fund shall be entitled to be paid, by and to receive from, the co-operative bank or any provident fund pension or other fund or any authority administering such fund the same pension, allowance or benefit so long as he observes the conditions on which the pension, allowance or benefit was granted, and if any question arises as to whether he has so observed such conditions the question shall be determined by the State Government.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2) no appointment made or promotion, increment in salary, pension allowance or any other benefit granted to any person after the 16th day of November 1976, and before the appointed day which would not ordinarily have been made or granted or which would not ordinarily have been admissible under the rules or authorisation of the Sikkim, Bank or of any provident fund or other fund in force prior to the 16th day of November 1976., shall have effect or be payable or claimable from the co-operative bank or from any provident fund, pension or other fund or from any authority administering the fund, unless the State Government has by general or special order, confirmed the appointment promotion or increment or has directed the continued grant of the pension allowance or other benefit as the case may be.
(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 the Sikkim Bank to the State Government or th e co-operative bank shall not entitle such officer or other employee it any compensation under that Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
(5) Any person holding as Managing Director of the Sikkim Bank immediately before the appointed day shall be deemed to have vacated his office as such on the appointed day and notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement or contract, he shall not be entitled to any amount from the Sikkim Bank, State Government, or the co-operative bank for the loss of office or for the premature termination of any agreement or contact relating to his employment except such pension, amount or other benefit which the co-operative bank m
ay grant to him having rega rd to what that person would have received as an officer of the Sikkim Bank if this act had not been passed and if he had retired from his employment in the ordinary course.
(6) Where the Managing Director of the Sikkim Bank has after the 16th day of November 1976 and before the appointed day, been paid any sum by way of compensation or gratuity, the co-operative bank shall be entitled to claim refund of any sum so paid if the payment is not confirmed by the State Government by general or special order.