Section 134: Power to suspend

1) Where any labour is detained in accordance with law, such labour shall ipso facto be suspended during that period and shall not be entitled to remuneration for that period.

Provided that if a labour who is detained upon a complaint filed by the employer himself or herself is proved to be innocent, he or she shall be entitled to the full remuneration for that period.

2) Except in the cases referred to in sub-section (1), if it does not appear appropriate to keep on engaging in work labour for whom the punishment referred to in sub-section (4) of Section 131 has been proposed or if there is a possibility that he or she may destroy the evidence relating to the charge made against him or her or obstruct the investigation, the employer may suspend such labour.

3) While suspending any labour pursuant to sub-section (2), he or she may not be suspended generally for more than three months.

Provided that the period of suspension may be extended by a maximum of one month if the investigation is not completed.

4) The labour shall be entitled to half the remuneration during the period of suspension referred to in sub-section (2).

5) Where a labour who has been suspended pursuant to sub-section (2) is acquitted of the allegation made against him or her, he or she shall be entitled to all such remuneration and increment in salary, if any, receivable by him or her that remains after deducting the amount of remuneration which he or she has received during the period of suspension.

6) Except where any labour is held in detention upon first information report or complaint by the employer himself or herself, the employer may terminate the service of such labour if the period of suspension referred to in sub-section (1) exceeds ninety days. The opportunity hearing needs not to be given to the concerned labourers while terminating the service.