38.
(1) Every person who was a regular employee of the holder of a stage carriage permit for a regular omnibus service and who was engaged in work connected with that omnibus service may, before such date as shall be specified by the chairman of the Ceylon Transport Board by notice published in the Gazette and in one Sinhala newspaper, Tamil newspaper and English newspaper, notify the Ceylon Transport Board in writing that he desires to obtain employment with the board: |
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(2) Upon the receipt of a notification given under subsection (1) by any person to whom that subsection applies, the Ceylon Transport Board shall offer him employment-
| | (a) in any such post on the staff of the board as may be determined by the board to be reasonably comparable with the post held by him on the appointed date in the employ of the holder of a stage carriage permit for a regular omnibus service, and | | |
| | (b) on such terms, other than terms relating to remuneration, as may be determined by the board, and | | |
| | (c) on such terms relating to remuneration as are not less favourable than those which, in the opinion of the board, are the terms to which a worker with the skill and experience of such person should normally have been entitled in the employ of such holder:
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(3) The Ceylon Transport Board shall, if any person to whom subsection (1) applies accepts the offer of employment made to him by the board under subsection (2), employ him in the post and on the terms specified in that offer unless-
| | (a) he is certified by a medical practitioner approved by the board to be unfit for such employment by reason of any infirmity of mind or body, or | | |
| | (b) the board is of opinion that he is unsuitable for employment with the board for any reason whatsoever. | | |
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