(1.) Rule. Respondent waives service. By consent Rule is made returnable forthwith.
(2.) A short but interesting question of law arises for determination in this writ petition under Article 226 of the Constitution of India which is directed against an order dated 15th October 2010 delivered by the 12th Labour Court, Bombay in Reference (IDA) No.364 of 2004. The question of law can be framed thus:
(3.) In other words, can such employee be held to be suspended pending enquiry into charges of misconduct so as to enable him to claim subsistence allowance.