M.N. Bhandari, J. - (1.) By this writ petition, A challenge is made to the order dated 14.5.2015, passed by the labour Court, Jaipur. The application submitted by the respondent-workman for Grant of subsistence allowance, on Holding Domestic Enquiry to be unfair, has been allowed. The Petitioner Corporation has been directed to pay subsistence allowance to the respondent-workman since 31.1.2015, I.E., The date of filing of application.
(2.) It is coming out from the writ petition that after punishment of dismissal from service, a dispute was raised by the workman and had been referred to the Labour Court for its adjudication vide order dated 12th April, 2007. The respondent-workman submitted statement of claim, which was duly replied by the petitioner Corporation. The Labour Court thereupon heard the case and found domestic enquiry to be unfair and defective vide order dated 7th January, 2015. The respondent-workman had preferred an application on 13th January, 2015 to seek interim relief. It was for subsistence allowance from the date of termination, i.e., 3rd February, 2005. It was as per para 35 of the Rajasthan State Road Transport Workers Workshop and Employees Standing Orders, 1965 (for short "certified standing orders"). The Labour Court allowed the application thus challenge to the said orders has been made.
(3.) Learned counsel for both the parties contested the case and have referred various judgments to support their case. The issue for my consideration is as to whether the interim relief granted by the Labour Court can be said to be incidental to the dispute referred to it and a direction for subsistence allowance can be given, as is provided to an employee under suspension.;