The Goa Shops and Establishments Act, 1973 — Physical PDF page 15 of 23

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     (b) the expression “wages” means the daily average of wages for the days an
  employee actually worked during the thirty days immediately preceding the date of
  termination of service;
    (c) an employee in an establishment shall be deemed to have been in continuous
  employment for a period of not less than six months, if he has worked for not less than
  one hundred and twenty days in that establishment within a period of six months
  immediately preceding the date of termination of the service of that employee;
      (d) where the total continuous employment is for a fraction of a year or extends over
  a fraction of a year in addition to one or more completed years of continuous
  employment, such fraction, if it is not less than half a year shall be counted as a year of
  continuous employment in calculating the total number of years for which the gratuity
  is to be given.
   (2) Where a gratuity is payable under sub-section (1) to an employee, he shall be
entitled to receive his wages from the date of termination of his service until the date on
which the gratuity so payable is actually paid subject to a maximum of wages for two
months.                                                       e
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    (3) An employee, who has completed the age of sixty years or who is physically or
mentally unfit having been so declared by a medical certificate or who wants to retire on
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medical grounds or to resign his service, may give up his employment after giving to his
employer notice of at least one month and every such employee and the dependent of an
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employee who dies while in service, shall be entitled to receive a gratuity amounting to
fifteen days‟ average wages for each year of continuous employment calculated in the
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manner provided in the Explanation to sub-section (1). He shall be entitled to receive the
wages from the date of giving up the employment until the date on which the gratuity so
payable is actually paid, subject to a maximum of wages for two months.

  (4) The services of an employee shall not be terminated for misconduct except, for
such acts or omissions and in such manner, as may be prescribed.
  Explanation.— For the purpose of this section, the term “employee” shall include
part-time employee also.
   40. Appointment of authority to hear and decide appeals arising out of
termination of service.— (1) (a) The Government may, by notification, appoint an
authority to hear and decide appeals arising out of the termination of service of
employees under section 39.

  (b) Any employee whose service has been terminated may appeal to the authority
concerned within such time and in such manner as may be prescribed.

   (2) The authority may, after inquiring in the prescribed manner, dismiss the appeal or
direct the reinstatement of the employee with or without wages for the period he was kept
out of employment or direct payment of compensation without reinstatement or grant
such other relief as it deems fit in the circumstances of the case.

   (3) Against any decision of the authority under sub-section (2), a second appeal shall
lie to the Labour Court constituted under section 7 of the Industrial Disputes Act, 1947
(Central Act 14 of 1947) within thirty days from the date of communication of the
decision and the decision of the Labour Court on such appeal shall be final and binding
on both the employer and the employee and shall be given effect to within such time as
may be specified in the order of that Court.

  (4) Any amount directed to be paid under this section may be recovered—