Payment of subsistence allowance

Short info on Payment of subsistence allowance, according to Industrial Employment (Standing Orders) Act, 1946

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(1) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance-


(a) at the rate of fifty per cent of the wages which workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and

(b) at the rate of seventy-five per cent of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.

(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties.

(3) Not with standing anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.]

अदालत की नई पोस्ट

A three-fold salary hike to judges

The Lok Sabha gave its approval for a three-fold salary hike to judges but not before members expressed concern over the incidence of corruption in the judiciary, rising pendency of cases and long vacations that the courts continued to take.

The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2008, proposes to increase the salary of the Chief Justice of India from Rs 33,000 to Rs 1 lakh per month and that of other apex court judges from Rs 30,000 to Rs 90,000 per month. It seeks to increase the salary of the Chief Justices of high courts from Rs 30,000 to Rs 90,000 per month and that of HC judges from Rs 26,000 to Rs 80,000 per month.

Government approved amendments to the Prevention of Money Laundering Act

The government on Feb 11, approved amendments to the Prevention of Money Laundering Act, which would expedite the process of India's entry into Financial Action Task Force (FATF) -- an inter-governmental body combating money laundering and terrorist financing. "Some amendments have been made. The Bill will be introduced in the current session of Parliament and we will plan to get it passed if possible," he said. He said the changes in the Act were necessary for India to become a member of the FATF. "This is important in order to get India's membership in the Financial Action Task Force, which is an international body," he said, however, not elaborating what amendments have been proposed in the Bill.

India, along with South Korea, has been trying to become a full member of FATF. It was given the observer status in February 2007.

Union cabinet approved amendment to the Industrial Dispute Act

The Union cabinet on Feb 11, approved amendment to the Industrial Dispute Act, which will make it mandatory for industrial establishments to set up grievance redressal cells. It has also clearly defined that all disputes pertaining to public sector enterprises where the Union government has above 51% stake must be referred to a Central authority to adjucate. The new amendment will also allow labour courts to enforce a decree without involving the the labour department and district magistrate, as is the current practice.

At present, the labour department enforces the implementation of an award. The Act is being amended after more than two decades, and according to a labour ministry official, about half of a dozen recommendations have been approved by the cabinet, which includes laying down terms and conditions of presiding officers in Central tribunals and fixing time period for conciliation officers to settle disputes between a worker and an employer.

Plea against high-security number plates for vehicles rejected

The Supreme Court Monday rejected a petition seeking to stall the government's plan for high-security, tamper-proof registration number plates for motor vehicles. A bench headed by Chief Justice K.G. Balakrishnan dismissed the lawsuit by an advocate seeking the court's direction to stop the government from replacing the ordinary registration plates. The bench, which also had Justice Markandey Katju and Justice P. Sathasivam, threw out the plea saying it found no merit in advocate H.K. Visheshwar's argument that the amended Central Motor Vehicle Act (CMV) would cumulatively place a burden and cause 'illegal loss to the general public'.

Visheshwar had approached the court against the scheme saying the central government had failed to ascertain the problems that the various state governments would face in implementing the amended law. Though the act was amended in 2001, it has failed to take off in the states and the union territories, which are said to be grappling with severe operational, technical and consumer related problems, the advocate contended.

According to Visheshwar, the High Security Registration Plate (HSRP) scheme was aimed at 'serving the vested interest of private vendors engaged in the manufacture and sale of such plates'. He said a vehicle number plate is currently available across the country at an average price of Rs.400-450, but the new number plates would cost more than Rs.1,000, causing a financial burden on the vehicle users.

He said the scheme would result in administrative chaos as there are around 80 million registered vehicles in the country and converting all of them to HSRP is impractical. According to the scheme, HSRP will have a chromium-based hologram, applied by hot stamping, making counterfeiting impossible. Stickers and adhesive labels will not be permitted on number plates. The plate shall bear a permanent consecutive identification number of minimum seven digits, which will be laser-branded into the reflective sheeting and hot-stamping film shall bear a verification inscription.

The plate shall be fastened with non-removable snap lock fitting system on the rear of the vehicle. Rule 50 of the CMV Act also specifies the dimensions of the number plates meant for two-wheelers and four-wheelers.

(Courtesy: IANS)

Union cabinet approves CrPC (amendment) Bill

The Government introduced the Code of Criminal Procedure (Amendment) Bill, 2008 in the Rajya Sabha with the aim the legislation is to strike a balance between the civil liberties of citizens and maintaining law and order and peace in the society, The Bill seeks to amend various sections relating to arrest, threat to witnesses, summon, warrants, summary trials, delay in production of the arrested in courts, police pressure on accused making statement and crime against women.

The proposed changes also aim at inserting safeguards to ensure the well-being of accused while in judicial custody.

The law commission had examined the entire law relating to rape and sexual assault in IPC and suggested a complete overhauling of the law. Bill, drafted by Ms Kirti Singh advocate and legal convener of AIDWA, is based on 172nd report of the Law Commission to amend the laws relating to sexual assault in Section 375, 376, 354 and 509 IPC and the relevant sections of the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872.

The recommendations are based on the national consultation on the issue organized by the national commission for women.

Read Amendments to the laws relating to rape and related provisions

Read The code of Criminal Procedure (Amendment) Bill, 2008