K.A. Abdul Gafoor, J.

1. Management of an industrial establishment has come up with this writ petition challenging Ext.P6 order of the Authority under the Kerala Payment of Subsistence Allowance Act. The order directs payment of subsistence allowance in terms of Kerala Payment of Subsistence Allowance Act, 1972 to the 3rd respondent.

2. Admittedly by the petitioner, the 3rd respondent was placed under suspension from October 19, 1987. There is no case for the petitioner either before the statutory authority or before this Court that the 3rd respondent had at any time been paid subsistence allowance or part thereof. When suspension of an employee is admitted and there is no case for the employer that the subsistence allowance had been paid, the natural consequence from the Authority constituted under the said Act is to direct payment of subsistence allowance because that is the statutory liability of the employer concerned. Therefore, I see no reason to set aside Ext.P6.

3. The Management has a different case. With regard to suspension and disciplinary action of the 3rd respondent, the union raised a dispute as per Ext.P1 demand which was settled as per Ext.P2 settlement. As pe