The Goa Shops and Establishments Act, 1973 — Physical PDF page 17 of 23

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   (2) When any application under sub-section (1) is entertained, the judicial authority
shall, hear the applicant and the employer or give them an opportunity of making
representation either in person or through an authorised representative, and after such
further inquiry, if any, as may be necessary, may, without prejudice to any other penalty
to which such employer is liable under this Act, direct the refund to the employee, of the
amount deducted, or the payment of the delayed wages or the gratuity together with the
payment of such compensation as that authority may think fit, not exceeding ten times the
amount deducted or the amount of delayed wages and not exceeding twenty five rupees in
case of gratuity:
   Provided that no direction for the payment of compensation shall be made in the case
of delayed wages or gratuity if the said authority is satisfied that the delay was due to—
       (a) a bonafide error or a bonafide dispute as to the amount payable to the employee,
  or

     (b) the existence of exceptional circumstances, such that the employer was unable,
  though exercising reasonable diligence to make prompt payment, or
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       (c) the failure of the employee to accept payment.   od
    (3) If the said authority hearing any application under this section is satisfied that it
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was either malicious or vexatious, that authority may direct that a penalty not exceeding
five rupees be paid to the employer by the person presenting the application.
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  (4) Any amount directed to be paid under this section may be recovered —
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    (a) if the authority is a Magistrate, by the authority as if it were a fine imposed by
  him as Magistrate; and

    (b) if the authority is not a Magistrate, by any Magistrate to whom the authority
  makes an application in this behalf, as if it were a fine imposed by such Magistrate.

  Explanation.— For the purpose of this section, the term “employee” shall include
part-time employee also.

    44. Single application in respect of claims from unpaid group.— (1) Employees are
said to belong to the same unpaid group if they are borne on the same establishment and
if their wages or gratuity for the same period or periods have remained unpaid after the
day on which those were due.

   (2) A single application may be presented under section 43 on behalf, or in respect, of
any number of employees belonging to the same unpaid group, and in such case the
maximum compensation that may be awarded under sub-section (2) of that section shall
be twenty five rupees per head.

   (3) The Judicial authority may deal with any number of separate pending applications,
presented under section 43, in respect of persons belonging to the same unpaid group, as
if it were single application presented under sub-section (2) of this section, and the
provisions of that sub-section shall apply accordingly.

  45. Appeal.— (1) An appeal against an order dismissing either wholly or in part an
application made under sub-section (1) of section 43 or against a direction made under
sub-section (2) or sub-section (3) of that section may be preferred before the District
Court within thirty days of the date on which the order or direction was served on the
applicant or the employer, as the case may be—