(1) Where any money by way of unemployment allowance is due to a workman from an employer under the provisions of this Act, the workman himself or any other person authorised by him in writing in this behalf, or in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the State Government or one or more officers authorised by it for any area or areas, for the recovery of money due to him, and subject to the provisions of subsection (2), if the State Government or the authorised officer is satisfied that any money is so due, it or such authorised officer shall issue a certificate for that amount to the Collector, who shall proceed to recover the same in the same manner as an arrear of land revenue :
Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer :
Provided further that any such application may be entertained after the expiry of the said period of one year, if the State Government or the authorised officer is satisfied that the applicant had sufficient cause for not making the application within the said period.
(2) No certificate under sub-section (1) shall be issued unless the employer has been given an opportunity to show cause why he did not pay the unemployment allowance to the workman in accordance with the provisions of section 3, and evidence (if any) produced by him is duly considered, if necessary, after giving him a hearing.
6. Any person who commits a breach of any of the provisions of this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, or both, and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first time and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid by way of unemployment allowance to any person who in its opinion has been injured by such breach.
Workmen not entitled to unemployment allowance in certain cases. 14 of 1947 Recovery of money due from employer.
Penalty.
[ 1981: Guj. 20 Gujarat Payment of Unemployment Allowance to Workmen In Factories Act, 1981