balu mangle (employee) 11 September 2011

Subsistence allowance

If subsistence allowance under certified standing orders is 100% of salary during pending inquiry after 180 days and under the Industrial Employment Sanding orders Act 1946 is 75% after 180 days. which amount is payable to a workman? please guide us. As per Section 10 A of The Industrial Employment Standing Orders Act 1946 regard is given to law but not for certified standing ordr. If Certified Standing order is more beneficial then which provisions should apply to them? Whether more beneficial or as per statute? please guide us.

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4 Replies

radha krishna (vp-hr) 12 September 2011

Whichever is beneficial is applicable to the workmen. More than, beneficial, Certfied standing orders are binding on both parties as they were certified after both parties (worker & Mgt) mutually agreed before the certifying officer. Therefore, wherever an establishment is having Certied SOs, they are applicable.

If you want to make a amendment, you can apply for amendment as per the Act. But tull the amendment is certified, existing Certfied Standing orders are applicable.

K C S Kutty, Pune (Faculty ) 13 September 2011

If there is a certified standing order, the provisions of the certified standing order shall be applicable.

Murugavelu (Manager HR) 13 September 2011

The provisions of subsistence allowance in Certified Standing Order is greater than the statute, the provisions of CSO is applicable.

(Guest)

Provisions of Certified Standing Orders will have to be abided. The laws make the minimum compulsory, but also provide that more beneficial provisions made by any establishment would be permissible.