The provisions of the Industrial Employment (Standing Orders) Act, 1946 apply to industrial establishments with 100 or more workers, and the Model Standing Orders under the Act govern matters such as suspension and dismissal for misconduct.

JUDGMENT - V.S. KOTWAL, J.:---After facing a departmental enquiry and getting himself exonerated, further proceeding has been initiated by the respondent herein for the recovery of certain amount pertaining to the period of suspension. The respondent was employed by the petitioner-Corporation on April 14, 1969 in the capacity as a Mixer Driver in Roads Division. On account of certain allegations about the misconduct on his part, with which we are not much concerned in this proceeding, he was suspended as and from January 16, 1978, in pursuance of the directions to hold departmental enquiry. The Enquiry Officer was appointed as late as on 1st July, 1978. Show-cause notice was issued on 31st January, 1979. The enquiry was concluded in due course when the respondent, the alleged delinquent was exonerated of all charges. In pursuance of this order he was directed on 7th March, 1979 to resume duties as the stigma was wiped out. He actually resumed the duty as and from 13th March, 1979. He was paid 50% of the wages as the subsistence allowance in accordance with Rule 58 of the suspension period between 17th January, 1978 and 13th March, 1979.

2. However, being dissatisfied with the said conduct the respondent filed an application on 24th June, 1980 under section 33-C of the Industrial Disputes Act in the First Labour Court, Pune being No. 222 of 1980 contending that he was entitled to full amount of wages D.A. etc., for the said period of suspension as according to him, the provisions contained in the Industrial Employment (Standing Orders) Act, 1946 squarely apply under which he was entitled to the said amount, which according to him, tuned to Rs. 2230.16, which was the difference after deducting 50% amount which was already paid.

3. This application was resisted on behalf of the Corporation mainly on the ground that the provisions of the said Act did not apply whereas the respondent was governed by the Model Standing Orders and as such he has been properly paid for he period of suspension.

4. The learned Presiding Officer upheld the contention of the respondent and held that the parties are governed by the Standing Orders under the said Act and as such the respondent was entitled to the said amount. This order recorded on July 17, 1982 is placed under challenge in this petition under Article 227 of the Constitution of India.

5. Shri C.J. Sawant, the learned Counsel for petitioner-Corporation mainly, assails the impugned order on the ground that the parties would be governed by the Model Standing Orders and not by the Standing Orders under the said Act in which event the amount paid is proper. It is also submitted that only a few divisions under the Corporations cannot get the label as Industrial Establishment since they have to independent existence or entity. Shri Dharap, learned Counsel of the respondent, counters these contentions on the same lines as recorded by the Labour Court.

6. Inspite of the controversy, the point falls in a very narrow field. Admittedly the respondent was employed as a Mixer Driver in Roads Division of the petitioner-Corporation and as such he was associated with a division under the Corporation which related to the construction, development or maintenance of buildings, or roads, etc. I have already indicated the course of events from the date of suspension till his resuming the duty. The Corporation has already paid the subsistence allowance as contemplated by the Model Standing Orders.

7. These Model Standing Orders are enacted under the said Act and if all other conditions are satisfied then these would be applicable to the case of the respondents. Order 5-A makes a split up of the period during the pendency of enquiry after suspension for which different slabs of subsistence allowance are to be paid. Thus, under the first clause, for the period of first 90 days the said allowance payable per month should be equal to one half of basic pay, D.A. and other allowances. If the enquiry is prolonged the allo

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