Amendment status not verified — confirm the current text below against the official source.
The words “ the standing orders in which shall be indicated” omitted by Act 39 of 1963, sec. 4, (w.e.f. 23-12-1963). (3) The foregoing provisions of this act shall apply in respect of an application under sub- section (2) as they apply to the certification of the first standing orders. 1[(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujrat or the Government of the State of Maharashtra.] 2[10 A. Payment of subsistence allowances.- (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 percent. 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 percent 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 allowances 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 opportunities of being heard, decide the dispute and such decision shall be final and binding 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 the State.] COMMENTS (i) Subsistence allowance paid during the period of suspension cannot be recovered; R. Govendraj v. Government Tool Room training Centre, (1990) 1 CLR 442 (Karn). (ii) Once the amendments have been certified, the certified standing orders operate. How- ever, they are law made under the provisions of the Act; May & Baker Ltd. v. Shri Kishore Jai Kishandas Ichaporia, (1991) 63 FLR 319(Bom).