Section 10: Provisions relating to officers and other employees of Esso undertakings

10. Provisions relating to officers and other employees of Esso undertakings.— (1) Except as otherwise agreed between the Federal Government and Esso, every whole time officer or other employee of Esso who was, immediately before the commencing day, employed by Esso in Pakistan in connection with Esso undertakings, and every such whole time officer or other employee of Esso in Pakistan who was, immediately before the commencing day, temporarily holding any assignment outside Pakistan, shall, on the commencing day, become an officer or other employee, as the case may be, of the Federal Government and shall hold office on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if this Act had not come into force and shall continue to do so unless and until his employment by the Federal Government is terminated or until his remuneration and conditions of service are altered by the Federal Government. (2) Any officer or employee who becomes an officer or employee of the Government company under sub-section (3) of section 5 may be transferred by the Federal Government to any other corporation, company or industrial unit controlled by it, and shall hold office therein on such terms and conditions as are not less favourable than those to which he was entitled immediately before such transfer. (3) Any officer or employee who becomes an officer or employee of the Government company under sub-section (3) of section 5 or is transferred under sub-section (2) shall not be entitled to any compensation or to the designation which he was holding immediately before the commencing day or on the date of such transfer, as the case may be, and no claim for such compensation or designation shall be entertained by any court, tribunal or other authority. (4) Notwithstanding anything contained in any agreement or any law for the time being in force, and notwithstanding any decree, order, award or direction of any court, tribunal, arbitrator, commission or other authority, the transfer of the services of any officer or other employee under sub-section (1) shall not entitle any such officer or other employee to any payment, whether by way of separation benefits, compensation, gratuity or otherwise, by reason only of his ceasing to be an employee of Esso, and no proceedings for the declaration, recognition, quantification or enforcement of any such entitlement or payment, whether filed before, on or after the commencing day, shall be adjudicated upon or otherwise entertained by any court, tribunal, arbitrator, commission or other authority. (5) Where any officers or employees have become officers or employees of the Federal Government under sub-section (1), the Federal Government may, for the purpose of rationalising the pay scales of such officers or employees or for any other good and adequate reason, alter the terms and conditions of service of such officers or employees as to their remuneration in such manner as it thinks fit; and if the alteration thus made is not accepted in writing by the officer or employee concerned within such period as may be specified, which period shall not be less than thirty days, he shall be deemed to have resigned from service on the expiry of such period, and notwithstanding anything contained in any other law, or in any agreement or in any decree, order, award, or directions of any Court, arbitrator, Commission or other authority, or in any conditions of service, he shall only be entitled to benefits payable on resignation and not termination of employment. (6) Where any question arises as to whether any person was immediately before the commencing day a permanent officer or other employee of Esso for the purpose of or in relation to Esso undertakings, the question shall be referred to the Federal Government whose decision thereon shall be final.

Effective date: 1976-01-01

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