Sir,
Kindly provide me with judgments regarding the entitlement to 100% salary upon the completion of a domestic inquiry after 180 days. It has been over 210 days now, and the company is only paying 75% of the salary. In response to our demand, the company has stated that, as per 10-A, your client is entitled to only 75% of the salary.
Please assist me in resolving the current issues.
Adv. Sneha Desai
From India, Mumbai
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2Kindly provide me with judgments regarding the entitlement to 100% salary upon the completion of a domestic inquiry after 180 days. It has been over 210 days now, and the company is only paying 75% of the salary. In response to our demand, the company has stated that, as per 10-A, your client is entitled to only 75% of the salary.
Please assist me in resolving the current issues.
Adv. Sneha Desai
From India, Mumbai
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Dear Mr. Snehan,
Please note that you are entitled to a Subsistence Allowance as provided in the certified Standing Orders during the period of suspension from service or domestic enquiry. In the absence of certified Standing Orders, you will be governed by the relevant state "Payment of Subsistence Allowance Act" and Rules.
Alternatively, you can take up the matter with the concerned labor officer for the adjudication of the matter, i.e., the short payment of subsistence allowance after 180 days.
From India, New Delhi
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Please note that you are entitled to a Subsistence Allowance as provided in the certified Standing Orders during the period of suspension from service or domestic enquiry. In the absence of certified Standing Orders, you will be governed by the relevant state "Payment of Subsistence Allowance Act" and Rules.
Alternatively, you can take up the matter with the concerned labor officer for the adjudication of the matter, i.e., the short payment of subsistence allowance after 180 days.
From India, New Delhi
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sir, pl. give me some judgements related to 100% salery after lapse of 180 days enquiry. Adv. Sneha
From India, Mumbai
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From India, Mumbai
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Hi Adv. Sneha Desai Ji,
It seems you are from Mumbai.
In the State of Maharashtra, the rate of subsistence allowance for suspension beyond 180 days is 100% of Basic + DA.
Please read clause 5A (iii) under Bombay Industrial Employment (SO) Rules 1959, which is given below verbatim:
"If the inquiry is not completed within a period of 180 days, the workman shall be paid basic wages, dearness allowance, and other compensatory allowance in full as subsistence allowance to be paid per month until such time as the inquiry is finally concluded."
However, this is not applicable in case the inquiry is prolonged for reasons directly attributable to the workmen.
From India, Mumbai
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It seems you are from Mumbai.
In the State of Maharashtra, the rate of subsistence allowance for suspension beyond 180 days is 100% of Basic + DA.
Please read clause 5A (iii) under Bombay Industrial Employment (SO) Rules 1959, which is given below verbatim:
"If the inquiry is not completed within a period of 180 days, the workman shall be paid basic wages, dearness allowance, and other compensatory allowance in full as subsistence allowance to be paid per month until such time as the inquiry is finally concluded."
However, this is not applicable in case the inquiry is prolonged for reasons directly attributable to the workmen.
From India, Mumbai
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Sir,
What should be done if an employer does not pay any subsistence allowance before or after the conclusion of the inquiry in a 'Workman' case where only the fare for attending the inquiry is paid, nothing more than that? The inquiry has been concluded, with no suspension or termination of the workman. The matter is sub judice in the courts. Under which act of labor law can the subsistence allowance be obtained from the labor court?
From India, Kanpur
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What should be done if an employer does not pay any subsistence allowance before or after the conclusion of the inquiry in a 'Workman' case where only the fare for attending the inquiry is paid, nothing more than that? The inquiry has been concluded, with no suspension or termination of the workman. The matter is sub judice in the courts. Under which act of labor law can the subsistence allowance be obtained from the labor court?
From India, Kanpur
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