![]() There has been a lot of controversy on the above stated question as different High Courts have different opinions and hence there has been a lot of debate on the question that is subsistence allowance considered as a wage. IS SUBSISTENCE ALLOWANCE CONSIDERED AS A WAGE? The State governments also have provisions for subsistence allowance in their respective legislations and can be applied and availed as and when required. The only addition that has been included under the code is that a time limit for completion of the disciplinary or investigations should be within a period of 90 days. Under Section 38 of the Code the provision has been included and is same as the previous provision under the Industrial Employment (Standing Orders) Act, 1946. Īs the Central government has made an amendment to the Labour laws and passed 3 new codes, provision for subsistence allowance has been included under the Industrial Relations Code, 2020. Lastly, if there are any provisions given under the State Legislations that are more beneficial then such provisions should be followed. In case of any dispute regarding the subsistence allowance between the employer and the workmen either of the parties can approach the Labour Court within the jurisdiction of the parties. A maximum of 180 days should be permitted to complete the disciplinary proceedings. Further, the workmen is entitled to get an allowance of 75% of the wage in case of further delay which is not caused due to the conduct of the workmen. The provisions of the act clearly state that if there are disciplinary proceedings carried out against a workman and he has been suspended from the industry then in such cases the workmen is entitled to an allowance of 50% of his wage preceding the date of suspension for a period of ninety days. The provisions for subsistence allowance in India is under section 10 A of the Industrial Employment (Standing Orders) Act, 1946. RGULATIONS FOR SUBSISTENCE ALLOWANCE IN INDIA Hence in this paper we are going to discuss about the legal provisions regarding subsistence allowance in India, a brief history of how the courts have dealt with cases involving ‘subsistence allowance’ and have they considered it to be part of a employee’s wage, the importance of the allowance towards the workman and lastly carry out a brief discussion on the question that if subsistence allowance is considered as a right under Article 21 of the Constitution why is it only available to a few class of workmen and employees working in the industry. The Supreme Court and the High Courts have adjudicated upon cases involving ‘subsistence allowance’ and have considered it as a right of a workman under Article 21 of the Constitution. ![]() The allowance is paid in order to fulfill his and his family’s basic means of livelihood. ![]() Subsistence allowance is an allowance under which a particular percentage of the entire wage is provided to the workmen by the employer during the period he is suspended from his employment due to an investigation pending against him for any misconduct or wrongful activities carried out by him. In this paper we are primarily going to discuss about subsistence allowance and its importance under Article 21 of the Constitution. The main objective to carry out the reform is to have uniform laws and to limit the chances of overlapping provisions. The three codes merge 24 legislations passed by the Central Government. the Occupational Safety, Health And Working Conditions Code, 2020 the Industrial Relations Code, 2020 and the Code on Social Security, 2020. Further, the Central Government has recently carried out a major reform to the labour laws by passing three bills i.e. Therefore, there are more than 100 legislation in India enacted either by the Central or State government based upon different subjects like industrial relations, wages, social security, conditions of service and employment, code of conduct and various other matters. The Constitution of India under the Seventh Schedule in the Concurrent list empowers both the Central and State government to make legislations on labour and employment. Hence it is very important to have proper labour legislations in place to protect the rights of the workmen working at different industries. ![]() skilled and unskilled labour for many industries and factories. With such a large population India produces a huge work force i.e. India has the world’s second largest population with an approximate total of 138 crores.
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