Subsistence allowance & sec 33(c)(2) of id act
P.ESAKKIMUTHU
(Querist) 28 October 2012
This query is : Resolved
In Tamilnadu there is a special act called TN Payment of Subsistence allowance Act,1981 by which subsistence allowance as per the act can be claimed under this act.But I have a citation wherein it is held that subsistence allowance as per the standing order can be computed/claimed u/s 33(C)(2) of ID Act. ie 56 FJR 310(South India Cooperative Spinning Mill vs V.C.Mariappan and another) Kindly give me the full decision of this citation
H. S. Thukral
(Expert) 01 November 2012
Under section 33(C) 2 of the Act a pre-existing right can be claimed in terms of money.(The labour court shall not adjudicate upon existence of right) Since a provision in the Act or in the standing order providing subsistence allowance gives an existing right in favour of workman it can be claimed through the above provision. Gratuity amount, allowances under the contract, settlement or award, back wages etc can be claimed through 33(C)2
