Section 77:
Special provision relating to retrenchment compensation in certain cases.
Where on
account of the reorganisation of the State of Bombay under this Act, any body corporate constituted under
a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to
co-operative societies or any commercial or industrial undertaking of that State is reconstituted or
reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative
society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation,
amalgamation or dissolution, any workman employed by such body corporate or in any such co-operative
society or undertaking, is transferred to, or re-employed by any other body corporate, or in any other cooperative society or undertaking, then notwithstanding anything contained in section 25F of the Industrial
Disputes Act, 1947 (14 of 1947), such transfer or re-employment shall not entitle him to any
compensation under that section;
Provided that—
(a) the terms and conditions of service applicable to the workman after such transfer or
re-employment are not less favourable to the workman than those applicable to him immediately
before the transfer or re-employment;
(b) the employer in relation to the body corporate, the cooperative society or the undertaking
where the workman is transferred or re-employed is, by agreement or otherwise, legally liable
to pay to the workman, in the event of his retrenchment, compensation under section 25F of the
Industrial Disputes Act, 1947 (14 of 1947), on the basis that his service has been continuous and has
not been interrupted by the transfer or re-employment.