10.
(1) Where an employer has been convicted for failing to pay remuneration as required by this Act to any employee in respect of any holiday, then, if a notice in the prescribed form of the intention so to do has been served on the employer at any time before the date of commencement of the trial, evidence may be given of any failure on the part of the employer to pay remuneration as required by this Act to that employee or to any other employee or employees in respect of any other holiday or holidays during the two years next preceding the date on which complaint under section 148 of the Criminal Procedure Code was made to court of the offence of which the employer has been so convicted, and, on proof of the failure, the court may order the employer to pay such sum as may be found by the court to be due from him to such employee or employees in respect of such holiday or holidays. Any sum ordered to be paid under this subsection may be recovered in the same manner as a fine. |
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(2) The power of the court to make an order under subsection (1) shall not be in derogation of any right of the employee or employees to recover remuneration due to him or them by any other proceedings. |
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