(1) Where, contrary to the provisions of this Act, any deduction has been made from the wages of an employee in an establishment or any payment of wages or gratuity to him has been delayed, such employee himself, or if he is dead any of his dependents, or any legal practitioner, or any official of a registered trade union authorised in writing to act on behalf of such employee or dependent, or any Inspector under this Act, or any other person acting with the prior permission of the prescribed authority may apply to the judicial authority for a direction under sub-section (2):
Provided that every such application shall be presented within one year from the date on which the deduction from the wages was made or from the date on which the payment of the wages or gratuity was due to be made, as the case may be:
Provided further that any application may be admitted after the said period of one year when the applicant satisfies the judicial authority that he had sufficient cause for not making the application within such period.
(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 Manual of Goa Laws (Vol. IV) –497– Shops and Establishments Act
(b) the existence of exceptional circumstances, such that the employer was unable, though exercising reasonable diligence to make prompt payment, or
(c) the failure of the employee to accept payment.
(3) If the said authority hearing any application under this section is satisfied that it 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.
(4) Any amount directed to be paid under this section may be recovered —
(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.