Great Northern Railway Act, 1953
|
Compensation of employees whose services are dispensed with or conditions worsened on termination of train services. |
38.—(1) Where the Board terminates wholly a transport service provided on any railway line of the undertaking and as a consequence thereof the retention of an officer or servant of the Board (being a person who is resident in the State and was theretofore directly employed on that service or wholly in connection therewith) in the position which he held before the termination becomes unnecessary, the following provisions shall have effect— | |
(a) if the Board dispenses with his services, he shall be paid by the Board compensation calculated in accordance with the Fourth Schedule to the Transport Act, 1950 (No. 12 of 1950), as adapted by subsection (2) of this section; | ||
(b) if— | ||
(i) the Board transfers him to another position in its service, and | ||
(ii) he thereby suffers a worsening of his conditions of service as an officer or servant of the Board, | ||
he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable. | ||
(2) For the purposes of this section— | ||
(a) references in the Fourth Schedule to the Transport Act, 1950 , to a former transport company or a former road transport licensee shall be construed as references to the Company, and | ||
(b) sections 41 to 43 of the said Act shall apply in regard to compensation under subsection (1) of this section, references to “the Board” being construed as references to the Board established under this Act. | ||
(3) For the purposes of this section an officer or servant of the Board shall be deemed to suffer a worsening of his conditions of service as an officer or servant of the Board if, by reason of the transfer— | ||
(a) he suffers any direct pecuniary loss or is in a worse position in respect of the conditions of his service as a whole (including tenure of office or employment, remuneration, gratuities, superannuation, sick fund or other benefits or allowances, whether obtaining legally or by customary practice and whether applicable to himself or his widow or children or other dependents) as compared with those obtaining in respect of him before the transfer, or | ||
(b) he is required by the Board to perform in the position to which he is transferred duties which are not analogous to or are an unreasonable addition to those which he was required to perform in his former position. |