Payment of subsistence allowance

Payment of subsistence allowance

(Industrial Employment (Standing Orders) Act, 1946)

(1) Where any workmen is suspended by the employer pending investigation or inquiry into complaints or charge 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 the 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 Labor 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 Labor 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 the 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 sections, the provisions of such other law shall be applicable to the payment of subsistence allowance in the state.]

The Subsistence Allowance commonly payable to employees is concerned is at the rates mentioned below

• First 90 days – at the rate of 50% of the wages

• 91 to 180 days – at the rate of 75% of the wages

• More than 180 days – at the rate of 100% of the wages.

Whereas, if enquiry is prolonged exceeding 90/180 days to due to reasons attributed to the charge sheeted employee then subsistence allowance will continue to be @1/2 of wages