https://www.taxtmi.com/caselaws?id=448265 A statutory right to subsistence allowance during suspension under Section 10A of the Industrial Employment (Standing Orders) Act, 1946 cannot be curtailed by an employer-imposed daily attendance-marking condition at the factory gate. The only relevant statutory test is whether the suspended workman was gainfully employed elsewhere during the suspension period. A customary practice or suspension stipulation cannot override that statutory entitlement, and the Labour Court erred in treating the attendance condition as lawful. The workman was entitled to subsistence allowance for the suspension period, with interest. en-us Wed, 03 Jan 2024 00:00:00 +0530 Tue, 16 Jan 2024 08:32:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448265 A statutory right to subsistence allowance during suspension under Section 10A of the Industrial Employment (Standing Orders) Act, 1946 cannot be curtailed by an employer-imposed daily attendance-marking condition at the factory gate. The only relevant statutory test is whether the suspended workman was gainfully employed elsewhere during the suspension period. A customary practice or suspension stipulation cannot override that statutory entitlement, and the Labour Court erred in treating the attendance condition as lawful. The workman was entitled to subsistence allowance for the suspension period, with interest. Case-Laws Indian Laws Wed, 03 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448265