Section 84 in The M.P. Industrial Relations Act, 1960
84. Protection of employees in certain cases.
- [(1) If, after giving the employer a reasonable opportunity of being heard and after making such enquiry as may be deemed fit, if prima facie appears to the Labour Court trying an offence under Section 86 that the services of the employee had been terminated in contravention of sub-section (1) of Section 83, or in an industrial dispute relating to the discharge or dismissal of an employee referred to it for decision, arbitration or adjudication, the Court is prima facie satisfied that the discharge or dismissal was not justified, the Court may direct the employer at his option to reinstate the employee or pay to him till the final disposal of the case subsistence allowance which shall not be less than half the average pay of the employee with effect from the date as the Court may determine :Provided that if the employer opts to pay to the employee subsistence allowance, the amount of such allowance may be adjusted by the employer towards the wages, if any, payable to the employee in respect of the period for which maintenance allowance has been paid.] [Substituted by M.P. Act No. 41 of 1981 (w.e.f. 26-1-1982).](2)If any case in which any order for reinstatement or for payment of subsistence allowance has been made under sub-section (1) ends in the conviction of the employer and the employer files an appeal against the order of his conviction, he shall be liable to continue the employment of the employee or to pay him subsistence allowance, as the case may be, until the appeal is finally disposed of unless the Appellate Court otherwise directs :Provided that where no order under sub-section (1) has been passed by the Trial Court, the Appellate Court shall be competent to make an order under sub-section (1) with effect from a date earlier than sixty days after the commencement of proceeding before the Trial Court to the same extent and in the same manner as a Labour Court.(3)If at any time after an order for grant of subsistence allowance under sub-section (1) or sub-section (2) has been made, the Court making the order, on an application made by the employer or otherwise, after giving the employee an opportunity of being heard, finds that-(i)the employee is responsible for avoidable delay in the disposal of the case; or(ii)it is not desirable or proper to continue the subsistence allowance for any other sufficient cause;the Court may vacate or modify the order with effect from a specified date.Explanation. - In this section, the expression "average pay" shall have the meaning assigned to it in clause (aa) of Section (2) of the Industrial Disputes Act, 1947 (XIV of 1947).
