Payment of subsistence allowance
Payment of subsistence allowance under the Act,
- When the suspension of any workmen by the employer is pending for the investigation or enquiry. Into the complaints and charges against him of misconduct, then the employer is liable to pay the workmen subsistence allowance:
- At fifty per cent rate of the wages to which the workman had an entitlement to. For the first ninety days of suspension, preceding the date of such suspension.
- Or, at seventy-five per cent rate of such wages. For the remaining period of suspension. If there is no direct conduct of such workman with the delay in the completion of disciplinary proceedings against such workman.
- Also if any dispute arises regarding the subsistence allowance payable to a workman under sub-section of the Act. The dispute may refer to labour court by the workman or the employer. Constituted under the Industrial Disputes Act, 1947 within the local limits of whose jurisdiction the industrial establishment is. Thus, 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. Then, decide the dispute and such decision shall be final and binding on the parties.
- Under this Section, notwithstanding anything contained in the foregoing provisions of the Act. For the time being where provisions relating to payment of subsistence allowance under any other law. 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.
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