Section 13 in Kerala Labour Welfare Fund Act, 1975
13. Unpaid accumulations and claims thereto.
(1)All unpaid accumulations shall be deemed to be abandoned property,(2)Any unpaid accumulation paid to the Board in accordance with the provisions of section 3 shall, on such payment, discharge an employer of his liability to make payment to an employee in respect thereof, but to the extent only of the amount paid to the Board, 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(3)As soon as possible after the payment of any unpaid accumulation is made to the Board, the Board shall by notice-(a)exhibited on the notice-board of the establishment in which the unpaid accumulation was earned; and(b)published in the Gazette, and in such other manner as may be prescribed, regard being had to the amount of the unpaid accumulations; invite claims by employees, their heirs, legal representatives or assigns for any payment due to them.(4)The notice referred to in sub-section (3) shall be given 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.(5)If any question arises whether the notice referred to in sub section (3) was given as required by that sub-section and sub section (4), certificate of the Board that it was so given shall be conclusive.(6)If a claim is received, whether in response to the notices 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 (Central Act 4 of 1936), having jurisdiction over the area in which the establishment is situate, and that authority shall proceed to adjudicate upon and decide such claim.(7)In hearing any claim referred to in sub-section (6), the authority referred to in that sub-section shall have the powers conferred by the Payment of Wages Act, 1936 (Central Act 4 of 1936) and follow the procedure (in so far as it is applicable), specified therein.(8)If the authority aforesaid is satisfied that any such claim is valid so that the right to receive payment is established, it shall decide that the unpaid accumulation in relation to which the claim is made shall cease to be deemed to be abandoned property, and shall order the Board to pay the whole of the dues claimed, or such part thereof as the authority decides are property due, to the employee; 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 sub-section (1) of section 3 to the board as unpaid accumulations, in respect of the claim.(9)If a claim for payment is refused, the employee or his heirs, legal representatives or assigns, as the case may be may, within sixty days from the date of receipt of the order of the authority, prefer an appeal to the District Court.(10)The decision of the authority, subject to appeal to the District Court, and the decision in appeal of the District Court, 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.(11)If no claim is received within the period specified in sub-section (6), or a claim has been refused by the authority, or on appeal by the District Court, then the unpaid accumulations in respect of such claim shall accrue to, and vest in, the State as bona vacantia, and shall thereafter be deemed to have been transferred to, and form part of, the Fund.
