Amount liable to deduction in certain cases

(1) The Employees' Provident Fund Commissioner or the Employees' State Insurance Corporation may send to the administrator or the arbitrator a certificate in respect of either the employer's contribution or the employees' contribution realised by the employer or any other dues recoverable from the employer under the Employees' Provident Funds and Family Pension Fund Act, 1952 (Central Act XIX of 1952) or the Employees' State Insurance Act, 1948 (Central Act XXXIV of 1948), as the case may be, in respect of any person referred to in sub-section (3) of section 20, that the employer may have failed to pay in accordance with either of those Acts. (2) (a) Any person referred to in sub-section (3) of section 20 may prefer before the arbitrator any claim relating to any salary, wages, leave salary, bonus, pension, gratuity, provident fund, or other payment due to him or the proportionate sum thereof in respect of any service rendered by him in connection with the acquired property. (b) Where under any law, award, agreement, contract of service or otherwise, the salary, wages, leave salary, bonus, pension, gratuity, provident fund, security deposit collected from employees or other payment referred to in clause (a) becomes payable to the person mentioned in that clause after a specified period of service rendered by such person in connection with the acquired property and where the acquired property vests in the Government under sub-section (1) of section 4 before the expiry of such specified period, the stage carriage operator or the contract carriage operator, as the case may be, shall be liable to pay in respect of such salary, wages, leave salary, bonus, pension, gratuity, provident fund, security deposit or other payment, a sum equal to the sum which bears to the full salary, wages, leave salary, bonus, pension, gratuity, provident fund, security deposit or other payment payable after the expiry of the said specified period, the same proportion as the period up to the notified date bears to the whole of the said specified period. (3) Subject to the provisions of sub-section (4), the Government shall, after the claims of secured creditors are satisfied, be entitled to deduct from the amount payable to the stage carriage operator or contract carriage operator a sum equal to the sums required to discharge the liabilities referred to in sub-sections (1) and (2) or obligation of whatever kind (including liability in respect of provident fund or superannuation fund or any other fund subsisting with the stage carriage operator or the contract carriage operator on the notified date) in relation to persons who have become the employees of the corporation or company or the State Transport Department of the Government under sub-section (3) of section 20. (4) The claims made under sub-section (1) or sub-section (2) and any dispute regarding the sum to be deducted under sub-section (3) shall be decided by the arbitrator who shall follow such procedure as may be prescribed.