12. Employment of certain employees to continue.—(1) Every person who has been, immediately
before the appointed day, employed in any undertaking of the Company shall become, on and from the
appointed day or such later date, as the case may be, an employee of the Braithwaite and Company
Limited, or, as the case may be, of the Government company in which the right, title and interest of the
Company in relation to its undertakings, have vested under this Act, and shall hold office or service under
the Braithwaite and Company Limited, or the Government company, as the cash 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
Braithwaite and Company Limited, or the Government company, as the case may be, is duly terminated
or until his remuneration and other conditions of service are duly altered by the Braithwaite and Company
Limited, or by the Government company, as the case may be.
(2) 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 person employed
in any undertaking of the Company to the Braithwaite and Company Limited, or the Government
company, shall not entitle such officer or other employee to any compensation under this 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.
(3) Where, under the terms of any contract of service or otherwise, any person, whose services
become transferred to the Braithwaite and Company Limited, or the Government company, by reason of
the provisions of this Act, is entitled to any arrears of salary or wages or any payments for any leave not
availed of or any other payment, not being payment by way of gratuity or pension, such person may
enforce his claim against the Company, but not against the Central Government, or the Braithwaite and
Company Limited, or the Government company.
13. Provident fund and other funds.—(1) Where the Company has established a provident fund,
superannuation fund, welfare fund or other fund for the benefit of the persons employed in any of the
undertakings of the Company, the monies relatable to the officers or other employees, whose services
have become transferred by or under this Act to the Braithwaite and Company Limited, or the
Government company, shall, out of the monies standing, on the appointed day, to the credit of such
provident fund, superannuation fund, welfare fund and other fund, stand transferred to, and shall vest in,
the Braithwaite and Company Limited, or the Government company, as the case may be.
(2) The monies which stand transferred under sub-section (1) to the Braithwaite and Company
Limited, or the Government company, as the case may be, shall be dealt with by the Braithwaite and
Company Limited, or the Government company, in such manner as may be prescribed