JUDGMENT - BHARUCHA S.P., J.:---The 1st respondent was employed by the appellant. On 28th April, 1983 he was issued with a charge-sheet which alleged that he had committed some misconduct. On the same day he was suspended from service. A domestic enquiry was held. On 19th July, 1984 the 1st respondent was discharged from service. The appellant paid to the 1st respondent suspension allowance for the period of the suspension on the basis of the provisions of the certified standing orders applicable to the appellant's industrial establishment.

2. The 1st respondent filed an application before the Labour Court under section 13-A of the Industrial Employment (Standing Orders) Act, 1946. Section 13-A empowers the Labour Court to decide questions relating to the application or interpretation of a standing order certified under the Act. It was the 1st respondent's contention that he was entitled to subsistence allowance under the provisions of the Model Standing Orders, as then amended, under the Bombay Industrial Employment (Standing Orders) Rules, 1959. It was contended on behalf of the appellant in reply that the subsistence allowance which the 1st respondent was entitled to was regulate

Click Here to Read the rest of this document