Section 10A



Section 10A requires employers to pay a subsistence allowance to any worker suspended by the employer pending investigation into complaints or charges of misconduct against him.

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Section 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 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.

Law /India / Industrial Employment (Standing Orders) Act, 1946

The Industrial Employment (Standing Orders) Act, 1946 requires employers in industrial establishments to define conditions of employment with sufficient precision and to make said conditions known to workers employed by them. The Act applies to every establishment where 100 or more workers are employed on any day of the preceding 12 months, and can be extended to establishments where less than 100 workers are employed in exceptional circumstances.

The underlying object of the Act was to eradicate discrimination in the workplace, and introduce uniformity in the conditions of employment of workers discharging similar functions in the same industrial establishment.