Section 8 in The West Bengal Labour Welfare Fund Act, 1974
8. Unpaid accumulations and claims thereto.
(1)Any unpaid accumulation paid to the Board shall, on such payment, discharge an employer of his liability to make payment to an employee in respect thereof and the liability to make payment to the employee to the extent aforesaid shall, subject to the succeeding provisions of this section, be deemed to be transferred to the Board.(2)As soon as possible after the payment of any unpaid accumulation is made to the Board, the Board shall by notice (containing such particulars as may be prescribed) exhibited on the notice-board of the factory or establishment in which the unpaid accumulation was earned and also published in any two newspapers circulating, and in the language commonly understood, in the area in which the factory or establishment in which the unpaid accumulation was earned is situated, or in such other manner as may be prescribed, regard being had to the amount of the claim, invite claims by employees for any payment due to them. The notice shall be inserted in the manner aforesaid in June and December of every year, for a period of three years from the date of the payment of the unpaid accumulation to the Board.(3)If any question arises whether the notice referred to in sub-section (2) was given, as required by that sub-section, a certificate of the Board that it was so given shall be conclusive.(4)If a claim is received whether in answer to the notice or otherwise, within a period of four years from the date of first publication of the notice in respect of such claim, the Board shall transfer such claim to the authority appointed under section 15 of the Payment of Wages Act, 1936, having jurisdiction in the area in which the factory or establishment is situated, and the authority shall proceed to adjudicate upon, and decide, such claim. In hearing such claim, the authority shall have the same powers and shall follow the same procedure as far as they are applicable, as are conferred by and laid down in the Payment of Wages Act, 1936,(5)If the authority aforesaid is satisfied that any such claim or a portion of it is valid so that the right to receive payment is established, it shall order the Board to pay the amount found due and the Board shall make payment accordingly :Provided that the Board shall not be liable to pay any sum in excess of that paid under clause (a) of sub-section (2) of section 3 to the Board as unpaid accumulations.(6)If a claim for payment is refused, the employee shall have a right of appeal in Calcutta to the City Civil Court and elsewhere to the District Judge and the Board shall comply with any order made in appeal. An appeal shall lie within sixty days of the decision of the authority.(7)The decision of the authority subject to the appeal aforesaid and the decision in appeal of the City Civil Court, or, as the case may be, of the District Judge shall be final and conclusive as to the right to receive payment, the liability of the Board to pay and also as to the amount, if any.(8)If no claim is made within the time specified in sub-section (4), or a claim has been refused as aforesaid by the authority or in appeal by the City Civil Court or the District Judge, as the case may be, then the unpaid accumulation in respect of such claim shall vest in the State and shall stand transferred to and from part of the fund.
