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1999 Supreme(SC) 1346

D.P.MOHAPATRA, R.P.SETHI, S.SAGHIR AHMAD
Ram Lakhan – Appellant
Versus
Presiding Officer – Respondent


ORDER

S. Saghir Ahmad, J.-Leave granted in all the Special Leave Petitions.

2. The appellants were the employees of the Swatantra Bharat Mill against whom charge-sheets were issued in the year 1986 and they were subsequently suspended.

3. Since an industrial dispute was already pending before the Industrial Tribunal vide Delhi Administration Notification No. F-24(798)/94-Lab dated 1.4.86, an application was filed by the Management under Section 33(1) of the Industrial Disputes Act, 1947 for permission to dismiss the employees on completion of enquiry. This application was opposed by the appellants who filed objections and claimed that they were entitled to be paid Subsistence Allowance during the pendency of the disciplinary proceedings for the period of suspension. On this, the Tribunal framed the following preliminary issue :-

"At what rate, if any, the Management is to pay the subsistence allowance to the workman".

4. The Presiding Officer, Industrial Tribunal, Tis Hazari, Delhi, relying upon the decision of this Court in The Management, Hotel Imperial, New Delhi & Ors. v. Hotel Workers Union1, dismissed the objections of the appellants and held that they were not entitled to any Su




































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