Industrial Employment (Standing Orders) Act,1946

Act No : 20

---

Section : Payment of subsistence allowance.

5*[10A. Payment of subsistence allowance.-(1) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance-- (a) at the rate of fifty per cent. of the wages which the workman was entitled to immediately preceding the date of such suspensions, for the first ninety days of suspension; and (b) at the rate of seventy-five per cent. of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman. (2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the Labour Court, (14 of 1947) constituted under the Industrial Disputes Act, 1947, within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties. (3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.]

---

Read All Comments

Comments

K C S Kutty, Pune wrote on 13 September 2011

If there is a certified standing order, the provisions of the certified standing order shall be applicable.

balu mangle wrote on 11 September 2011

If subsistence allowance under certified standing orders is 100% of salary during pending inquiry after 180 days and under the Industrial Employment Sanding orders Act 1946 is 75% after 180 days. which amount is payable to a workman? please guide us. As per Section 10 A of The Industrial Employment Standing Orders Act 1946 regard is given to law but not for certified standing ordr. If Certified Standing order is more beneficial then which provisions should apply to them? Whether more beneficial or as per statute? please guide us.

Quick Links

• Recent Comments
• Recent Citations
• Bare Acts Alphabetically