Section 10A:
Payment of subsistence allowance.
1[10A. Payment of subsistence allowance.--(1) Where any workmen 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 suspension, 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,
constituted under the Industrial Disputes Act, 1947 (14 of 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.]
Notes:
1. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982).