in transport corporation a driver made a fatal accidents in which 8 persons died 18 others injured on 4-11-11.the driver suspended for pending enquiry enquiry process goes on six months the management not paid any subsistence allowancet to him The ACL ordered to pay allowance but management not doing so.meantime EO submit his finding driver is responsible for accident on that report he is dismissed from service wef 5-11-11 ie next day of accident occured.now mangt. asked to go for appeal aganist THE ACL order.Is it correct? on what grounds we go for appeal.THE retrospective effect is correct one please contribute yours view as early BY S ELANGO member
From India, Erode
From India, Erode
Applicability of Payment of subsistence allowance Act
An employee under suspension is entitled for subsistence allowance. Since you asked this question from Erode, I presume that the employee under suspension is from Tamil Nadu. In that case, Tamil Nadu Payment of Subsistence Allowance Act 1981 is applicable to him. As per the said Act, the employee is entitled for payment of subsistence allowance at the rate of 50% of wages for first 90 days, 75% for next 90 days and 100% above 180 days. Please read Section 3 of the Act.
In case the allowance is not paid, the employee may approach the ACL and he is empowered to give an order for payment of Subsistence Allowance. If the allowance, as ordered by ACL is not paid, the employee may approach the Government and the amount may be recovered as per Revenue Recovery Act. Pl read Section 4 of the Act. Though there is a time limit of one year for making application for recovery of money from employer, the delay can be condoned, if there is sufficient cause for delayed application by the employee.
Please mention under what ground you denied payment of subsistence allowance to the employee under suspension. If you want to make an appeal against the order of ACL for payment of subsistence allowance, under what ground you will make appeal?
Punishment order of Dismissal
If the enquiry is conducted as per the procedure and strictly adhering to the Principle of Natural justice the procedure for award of punishment of dismissal based on the findings of the enquiry report is correct. Whether the dismissal is right or appropriate or justified can be decided by a competent court only. The domestic enquiry must have proved the charges leveled against the employee and must justify the award of the major punishment of dismissal. However, dismissal from the date of suspension i.e. 5.11.11 is illegal.
From India, Madras
75An employee under suspension is entitled for subsistence allowance. Since you asked this question from Erode, I presume that the employee under suspension is from Tamil Nadu. In that case, Tamil Nadu Payment of Subsistence Allowance Act 1981 is applicable to him. As per the said Act, the employee is entitled for payment of subsistence allowance at the rate of 50% of wages for first 90 days, 75% for next 90 days and 100% above 180 days. Please read Section 3 of the Act.
In case the allowance is not paid, the employee may approach the ACL and he is empowered to give an order for payment of Subsistence Allowance. If the allowance, as ordered by ACL is not paid, the employee may approach the Government and the amount may be recovered as per Revenue Recovery Act. Pl read Section 4 of the Act. Though there is a time limit of one year for making application for recovery of money from employer, the delay can be condoned, if there is sufficient cause for delayed application by the employee.
Please mention under what ground you denied payment of subsistence allowance to the employee under suspension. If you want to make an appeal against the order of ACL for payment of subsistence allowance, under what ground you will make appeal?
Punishment order of Dismissal
If the enquiry is conducted as per the procedure and strictly adhering to the Principle of Natural justice the procedure for award of punishment of dismissal based on the findings of the enquiry report is correct. Whether the dismissal is right or appropriate or justified can be decided by a competent court only. The domestic enquiry must have proved the charges leveled against the employee and must justify the award of the major punishment of dismissal. However, dismissal from the date of suspension i.e. 5.11.11 is illegal.
From India, Madras
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The karnataka payment of subsistence allowance Act, 1988.pdf
SC directive on subsistence allowance to suspended staff.doc