Section 28 in U.P. Distillery Industry (Employment of Workmen and Conditions of Service) Standing Orders, 1986
28. Suspension pending enquiry into alleged misconduct.
(1)Where a disciplinary proceeding against the workman is contemplated, or is pending, and the employer is satisfied that it is necessary or desirable to place the workman under suspension he may by order in writing, suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from the date of suspension.(2)A workman who is placed under suspension under clause (1) shall, during the period of such suspension, be paid suspension allowance at the following rates, namely,-(a)The suspension allowance shall, for the first ninety days from the date of suspension, shall be equal to one-half of the basic wages, dearness allowance and other compensatory allowance to which the workman would have been entitled if he was on leave with wages. If the domestic enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the suspension allowance shall, for such period, be equal to three-fourth of such basic wages, dearness allowance and other compensatory allowances:Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the suspension allowance shall, for the period exceeding ninety days shall continue to be paid at the rate of fifty per cent of such basic wages, dearness allowance and other compensatory allowances.(b)No suspension allowance shall be payable to a workman if he wants to have the domestic enquiry stayed till the decision of an Authority or civil/criminal Court.(3)If on the conclusion of the domestic enquiry, the workman has not been found guilty of the charges levelled against him, he shall be deemed to have been on leave with wages during such period.
