From your narration, it is discernible that you are still an employee under orders of transfer from Kanpur to Chennai as you haven't so far complied with the transfer orders and no orders of suspension given by the management. As such, how can you claim subsistence allowance for the period of absence caused outright by your refusal to join at the transferred station?
From India, Salem
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6185From India, Salem
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Lucky you're getting half salary. In my case, I am working in a PSU as an AGM. The company transferred me to another department against the purpose of appointment, to a remote area where the company does not have any established setup. They asked me to work as an attender (the lowest position in the department) with due respect to the company, having worked for the last 18 months, irrespective of many requests.
They are forcing me to continue in the same work. Now, I have refused to work in an inferior designation. For the last 4 months, no salary, just receiving threatened letters. It's hell in the PSU. If you go to court, they spend a lot of public money to buy the law.
From India, Bangalore
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They are forcing me to continue in the same work. Now, I have refused to work in an inferior designation. For the last 4 months, no salary, just receiving threatened letters. It's hell in the PSU. If you go to court, they spend a lot of public money to buy the law.
From India, Bangalore
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Dear Anonymous,
From your post, I understand that the domestic enquiry was completed on Dec. 14, but you have not been given your salary for a significant period before and after the conclusion of the enquiry. No disciplinary action was imposed during the past 7 months. If it is correct, then your action of raising an individual dispute will be immature and illegal. You should raise your claim before management and demand suspension allowance. Not paying the suspension allowance is a violation of the principle of natural justice; hence, the domestic enquiry process will be considered illegal. Please refer to the Foolabhal Solanki vs. Alembic Chemical case for more information.
From India, Delhi
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From your post, I understand that the domestic enquiry was completed on Dec. 14, but you have not been given your salary for a significant period before and after the conclusion of the enquiry. No disciplinary action was imposed during the past 7 months. If it is correct, then your action of raising an individual dispute will be immature and illegal. You should raise your claim before management and demand suspension allowance. Not paying the suspension allowance is a violation of the principle of natural justice; hence, the domestic enquiry process will be considered illegal. Please refer to the Foolabhal Solanki vs. Alembic Chemical case for more information.
From India, Delhi
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Dear friend,
It appears from what you said that you have not yet been suspended pending inquiry. This means you are still in service and hence not eligible for the payment of subsistence allowance but entitled to your full salary. In case of non-payment of salary, of course, you have the right to demand it. Therefore, you should send a registered letter to your CEO/HR requesting the release of your salary along with overdue interest. Additionally, you should file a petition with the jurisdictional Labor Inspector/Department in Chennai. If no action is taken, you should file a writ petition at the Madras High Court for an early hearing by an appropriate authority and payment of your salary. Prior to this, ensure you know your status and have all necessary documents with you. Remaining silent is not an option. How will you eat and survive without salary in Kanpur or Chennai? Are you actively working in Chennai or just asked to sit around? Seek guidance from a lawyer to expedite your case.
Please let me know if you need any further assistance.
From India, Bangalore
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It appears from what you said that you have not yet been suspended pending inquiry. This means you are still in service and hence not eligible for the payment of subsistence allowance but entitled to your full salary. In case of non-payment of salary, of course, you have the right to demand it. Therefore, you should send a registered letter to your CEO/HR requesting the release of your salary along with overdue interest. Additionally, you should file a petition with the jurisdictional Labor Inspector/Department in Chennai. If no action is taken, you should file a writ petition at the Madras High Court for an early hearing by an appropriate authority and payment of your salary. Prior to this, ensure you know your status and have all necessary documents with you. Remaining silent is not an option. How will you eat and survive without salary in Kanpur or Chennai? Are you actively working in Chennai or just asked to sit around? Seek guidance from a lawyer to expedite your case.
Please let me know if you need any further assistance.
From India, Bangalore
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Sir, since the last 7 months, they have not conducted an inquiry nor suspended. Match-14 salary, along with bonus and leave encashment, was paid in Dec-15. Gratuity amount was paid on the 30th of Dec-15. For the past 7 months, they have only been sending letters to work in Guwathi as a medical rep (by qualification a mechanical engineer employed as AGM-PROJECTS in the year 2007). I was feeling very depressed about my career because now I am a medical representative in the job market. Kindly send me the link to the Solanki case at 
. Tnx
From India, Bangalore
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From India, Bangalore
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