An employee was kept under suspension pending enquiry during the proceedings of disciplinary action. In this disciplinary action, the Management has taken a lenient view by awarding the specific punishment of 10 days suspension in the place of Dismissal, which was proposed in the Second Show Cause Notice for the proven misconducts. The employee who kept under suspension pending enquiry was paid Subsistence Allowance as per the T.N. Subsistence Allowance Act. The entire process was completed within 90 days.
In this my query is -
Whether the Management has to pay the remaining part of wages to the workman, who was kept under suspension pending enquiry before imposing the specific punishment 10 days for the proven mis-conduct (The employee was no exonerated from the charges levelled against him) after adjusting the Subsistence Allowance already paid to the employee during the period of suspension pending enquiry?
Request Expert advice in this issue with the court ruling, if any, please.
Regards,
From India, Mumbai
25In this my query is -
Whether the Management has to pay the remaining part of wages to the workman, who was kept under suspension pending enquiry before imposing the specific punishment 10 days for the proven mis-conduct (The employee was no exonerated from the charges levelled against him) after adjusting the Subsistence Allowance already paid to the employee during the period of suspension pending enquiry?
Request Expert advice in this issue with the court ruling, if any, please.
Regards,
From India, Mumbai
Dear Sridhar,
When a punishment is finally awarded in a disciplinary proceedings, the question of regularising the period of suspension undergone by the employee pending enquiry is an important one. If the disciplinary authority leaves it unanswered, it will amount to double punishment for the same misconduct.
Therefore, while disposing the disciplinary case finally with a punishment, the period of suspension pending enquiry should be regularised as duty and full wages minus the subsistence allowance already paid must be given. In the case of disposal by punitive suspension like the one you mentioned, no wages is payable but it is important that you cannot recover the subsistence allowance already paid.
Another important aspect of the matter is that you cannot award the punishment of punitive suspension exceeding the maximum no. of days if any, so fixed in your standing orders.
From India, Salem
When a punishment is finally awarded in a disciplinary proceedings, the question of regularising the period of suspension undergone by the employee pending enquiry is an important one. If the disciplinary authority leaves it unanswered, it will amount to double punishment for the same misconduct.
Therefore, while disposing the disciplinary case finally with a punishment, the period of suspension pending enquiry should be regularised as duty and full wages minus the subsistence allowance already paid must be given. In the case of disposal by punitive suspension like the one you mentioned, no wages is payable but it is important that you cannot recover the subsistence allowance already paid.
Another important aspect of the matter is that you cannot award the punishment of punitive suspension exceeding the maximum no. of days if any, so fixed in your standing orders.
From India, Salem
Eye Opening, Precedence-Re-Setting Guidance Umakanthan Sir. Thank you for Crisp, Crystal-Clear Clarification. Kritarth Team Bengaluru Office, 10 Dec 2019
From India, Delhi
From India, Delhi
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SC directive on subsistence allowance to suspended staff.doc