(1) If a motor transport worker dies while in service or during the period of leave with wages, the balance of his wages, if any, for the period of his employment including for the period of leave availed and not availed of by him and other dues if any shall be paid to his nominee within one week from the date of receipt of his claim by the employer.
(2) For the purpose of sub-rule (1) each motor transport worker shall submit a nomination in Form No.XVIII duly signed by him and attested by two witnesses. The nomination shall remain in force unless the nominee predeceases the worker, or until, it is cancelled or revised by another nomination.
1Subs. by G.O. Ms. No. 3466, Industries, Labour and Housing (Labour), dated the 22nd August,
1966.
2Initially the proviso to Rule 38 was added by G.O. Ms. No. 2878, Labour and Employment, dated the 22nd December, 1980 3Proviso to Rule 38, subsequently substituted by G.O. Ms. No. 2713, Labour and Employment, dated the 2nd December, 1981
4Subs. by G.O.(D) No. 581, Labour and Employment (H-1), dated the 10th November, 2010 (with effect from 23rd February, 2011) 21
(3) Notwithstanding anything contained in sub-rule (1), if no person has been nominated by the deceased motor transport worker referred to in that sub-rule for receiving payment of the wages or other dues referred to therein, such wages or dues shall be paid to the legal heir or heirs of the deceased motor transport worker. The employer may, before making such payment, insist upon the production of –
(i) a certificate issued by a Tahsildar if the amount to be paid does not exceed one thousand rupees;
(ii) a succession certificate, if such amount exceeds one thousand rupees.