Section 43(2) in The Goa, Daman and Diu Shops and Establishments Act, 1973
(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(c)the failure of the employee to accept payment.
