Respected Seniors,
This is a live case, and the enquiry here is on behalf of a colleague of mine who had put in 27 years of service in a PSB. She is put under suspension for some charges and issued a charge sheet after 135 days of suspension. She was not provided any means to claim any part of her subsistence allowance as the total amount paid was appropriated towards various loans under the pretext of keeping them regular. Even the optional deductions were made without her consent.
Till date, she could not access even a single rupee of her subsistence allowance. Is there any way? Is it necessary for someone to beg for her rights until the procedure is complete? The forums available in PSB are not responding. Can the employer be made answerable for the non-payment of subsistence allowance in this case?
If there is anyone to help in this regard, so that I can upload the complete case study with details if any more information is required.
From India, Mumbai
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This is a live case, and the enquiry here is on behalf of a colleague of mine who had put in 27 years of service in a PSB. She is put under suspension for some charges and issued a charge sheet after 135 days of suspension. She was not provided any means to claim any part of her subsistence allowance as the total amount paid was appropriated towards various loans under the pretext of keeping them regular. Even the optional deductions were made without her consent.
Till date, she could not access even a single rupee of her subsistence allowance. Is there any way? Is it necessary for someone to beg for her rights until the procedure is complete? The forums available in PSB are not responding. Can the employer be made answerable for the non-payment of subsistence allowance in this case?
If there is anyone to help in this regard, so that I can upload the complete case study with details if any more information is required.
From India, Mumbai
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Dear Natural Justice,
It is unfortunate that such a senior employee has been facing a Departmental Enquiry. There have been several judgments on this matter concerning deductions from Subsistence Allowance. Only PF and ESIC deductions can be made from the Subsistence allowance pending enquiry. Any other deductions can be made only upon the consent of the employee. Moreover, the quantum of Subsistence allowance, which is 50% initially, has to be raised to 75% after three months of continued suspension. Do pursue the matter with the Appellate Authority of PSB, or Tribunal and Labour Court, as appropriate.
Warm regards.
From India, Delhi
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1497It is unfortunate that such a senior employee has been facing a Departmental Enquiry. There have been several judgments on this matter concerning deductions from Subsistence Allowance. Only PF and ESIC deductions can be made from the Subsistence allowance pending enquiry. Any other deductions can be made only upon the consent of the employee. Moreover, the quantum of Subsistence allowance, which is 50% initially, has to be raised to 75% after three months of continued suspension. Do pursue the matter with the Appellate Authority of PSB, or Tribunal and Labour Court, as appropriate.
Warm regards.
From India, Delhi
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Subsistence means survival, existence, maintenance, or sustenance. A subsistence allowance is paid to the employee kept under suspension pending an inquiry in order to survive until the inquiry is completed and action is taken based on the inquiry report. Hence, the amount has to be paid to the employee for his/her survival. Non-payment of subsistence allowance is illegal.
Section 10-A of the Industrial Employment (Standing Order) Act 1946 provides for the payment of a subsistence allowance. According to Subsection (2) of Section 10A, any dispute regarding the Subsistence Allowance may be referred to the Labor Court. The award of the Labor Court can be executed under Section 33-C (Recovery of money due from an employer) of the Industrial Disputes Act 1947, and the amount can be recovered under the Revenue Recovery Act.
From India, Madras
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Section 10-A of the Industrial Employment (Standing Order) Act 1946 provides for the payment of a subsistence allowance. According to Subsection (2) of Section 10A, any dispute regarding the Subsistence Allowance may be referred to the Labor Court. The award of the Labor Court can be executed under Section 33-C (Recovery of money due from an employer) of the Industrial Disputes Act 1947, and the amount can be recovered under the Revenue Recovery Act.
From India, Madras
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Dear Natural Justice,
In my earliest comments, in the first para, I have mentioned the requirement for payment of a subsistence allowance. In the second para, I have suggested legal remedies for non-payment of the subsistence allowance.
I would like to know what action has been taken by the affected employee and what the current position is.
From India, Madras
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In my earliest comments, in the first para, I have mentioned the requirement for payment of a subsistence allowance. In the second para, I have suggested legal remedies for non-payment of the subsistence allowance.
I would like to know what action has been taken by the affected employee and what the current position is.
From India, Madras
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Respected Sir,
The present status is still the same. The employee in question, being a lady, is currently going through some mid-age health complications. The inability to access even a single rupee of her earnings has made her more dependent on her family, like every other Indian woman who conforms to her environment for the benefit of others. Even though her legal position is correct, mustering the strength to stand up and fight against a huge organization for her rights is something that requires a lot of preparation.
In the world we live in, people often confuse things. The term "Natural Justice" is unfamiliar to many unless they experience it firsthand.
Finding suitable lawyers in her current location is again a challenge. When it comes to advocating for an individual pitted against an organization for legal remedies, one needs a 100% trustworthy person who upholds their professional ethics and avoids mixing things up.
I would like to communicate through your private email to share more details if you permit.
Thank you for the follow-up, sir. Today, I have begun to believe that "TRUTH and JUSTICE Prevails."
From India, Mumbai
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The present status is still the same. The employee in question, being a lady, is currently going through some mid-age health complications. The inability to access even a single rupee of her earnings has made her more dependent on her family, like every other Indian woman who conforms to her environment for the benefit of others. Even though her legal position is correct, mustering the strength to stand up and fight against a huge organization for her rights is something that requires a lot of preparation.
In the world we live in, people often confuse things. The term "Natural Justice" is unfamiliar to many unless they experience it firsthand.
Finding suitable lawyers in her current location is again a challenge. When it comes to advocating for an individual pitted against an organization for legal remedies, one needs a 100% trustworthy person who upholds their professional ethics and avoids mixing things up.
I would like to communicate through your private email to share more details if you permit.
Thank you for the follow-up, sir. Today, I have begun to believe that "TRUTH and JUSTICE Prevails."
From India, Mumbai
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Dear Natural Justice,
Thank you for your prompt reply. I can understand the helplessness of the employee under suspension after 27 years of a good track record.
You can very well send the details to me. For your kind information, with a post-graduation in Labour Laws and specialized in Domestic/departmental enquiry (Government, corporate, and cooperative sectors), I have been working as a Trainer at an HRD Institution for over two decades. I have worked in Kerala, Tamil Nadu, and presently in Maharashtra.
From India, Madras
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Thank you for your prompt reply. I can understand the helplessness of the employee under suspension after 27 years of a good track record.
You can very well send the details to me. For your kind information, with a post-graduation in Labour Laws and specialized in Domestic/departmental enquiry (Government, corporate, and cooperative sectors), I have been working as a Trainer at an HRD Institution for over two decades. I have worked in Kerala, Tamil Nadu, and presently in Maharashtra.
From India, Madras
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Hope Legal experts may come forward with valuation opinion for finding out a solution for this problem.
From India, Madras
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From India, Madras
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The legal experts in the forum, whom I am trying to contact, have their private message boxes either inaccessible or not allowed to receive private messages. Since finer details cannot be discussed in the forum, it is essential that they send a word to me or keep their messages accessible. Thank you.
From India, Mumbai
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From India, Mumbai
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The question raised by you is non payment of subsistence allowance during suspension period. Make application to the employer and if not paid approach the Labour Court as per the legal procedure.
From India, Madras
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From India, Madras
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