Section 28(2) in Bihar Shops & Establishments Act, 1953
(2)When an application under sub-section (1) is entertained, the prescribed authority shall hear the application in the prescribed manner and may, without prejudice to any other penalty to which an employer is liable under this Act, direct the refund of the amount deducted, or payment of the delayed wages or any sum to the employee together with the payment of a compensation not exceeding ten times the amount deducted in the first case and not exceeding ten rupees in other case.Provided that no direction for the Compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to -(a)A bona fide error or bona fide dispute as to the amount payable to the employed person, or(b)The occurrence of an emergency, or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable though exercising reasonable diligence to make prompt payment, or(c)The failure of the employed person to apply for or accept payment.
