Sir,
In one case management closed the enquiry with in 2 months. The chargesheeted employee attended the enquiry but during the enquiry the management did not give any wages as per rules and secondly they are not paying any thing on the principle 'No work No pay' How to counter? The concerned employee is a 'Workman' now case is in labour court through reference. Can the workman be entitiled to get any interim relief through lower court, as long as the proceedings are on? The workman has asked how the employers stop the salary without terrminating or suspending?
From India, Kanpur
1In one case management closed the enquiry with in 2 months. The chargesheeted employee attended the enquiry but during the enquiry the management did not give any wages as per rules and secondly they are not paying any thing on the principle 'No work No pay' How to counter? The concerned employee is a 'Workman' now case is in labour court through reference. Can the workman be entitiled to get any interim relief through lower court, as long as the proceedings are on? The workman has asked how the employers stop the salary without terrminating or suspending?
From India, Kanpur
Dear Friend,
Your statements " the charge-sheeted employee attended the enquiry but during the enquiry the management did not give any wages as per rules and secondly they are not paying anything on the principle of 'no work no pay'... " and " ... now the case is in labor court through reference " are confusing. If the employee was suspended pending enquiry, then he would have been entitled for what is called " subsistence allowance" at the rates stipulated in your standing orders during the entire period of suspension. You have stated simply that the case is in labor court now after reference. If so he might have been dismissed from service and in such a situation he can not claim any wages beyond the period of dismissal unless otherwise the Labor Court awards reinstatement with back wages. Had he been placed under suspension pending enquiry and the disciplinary action been conducted without paying any subsistence allowance, the entire action including the enquiry would have been vitiated and on this score alone the orders of dismissal would be set aside by the Labor Court.
From your last question it is to be inferred that the entire disciplinary action including the domestic enquiry should have been conducted without placing him under suspension at all. In such a situation the proceedings would have taken place while he was on duty and he would have been paid wages in spite of the proceedings. But your narration leads to the possible inference alternatively that the delinquent would have been a habitual absentee and for which he would have been charge-sheeted and enquiry might have been conducted. Just because an absenting employee participated in the enquiry into the charges of unauthorised absence against him, he can not claim wages for attending the enquiry.
No provision for any interim relief while the case against dismissal is pending adjudication in any Labor Court or Tribunal.
From India, Salem
Your statements " the charge-sheeted employee attended the enquiry but during the enquiry the management did not give any wages as per rules and secondly they are not paying anything on the principle of 'no work no pay'... " and " ... now the case is in labor court through reference " are confusing. If the employee was suspended pending enquiry, then he would have been entitled for what is called " subsistence allowance" at the rates stipulated in your standing orders during the entire period of suspension. You have stated simply that the case is in labor court now after reference. If so he might have been dismissed from service and in such a situation he can not claim any wages beyond the period of dismissal unless otherwise the Labor Court awards reinstatement with back wages. Had he been placed under suspension pending enquiry and the disciplinary action been conducted without paying any subsistence allowance, the entire action including the enquiry would have been vitiated and on this score alone the orders of dismissal would be set aside by the Labor Court.
From your last question it is to be inferred that the entire disciplinary action including the domestic enquiry should have been conducted without placing him under suspension at all. In such a situation the proceedings would have taken place while he was on duty and he would have been paid wages in spite of the proceedings. But your narration leads to the possible inference alternatively that the delinquent would have been a habitual absentee and for which he would have been charge-sheeted and enquiry might have been conducted. Just because an absenting employee participated in the enquiry into the charges of unauthorised absence against him, he can not claim wages for attending the enquiry.
No provision for any interim relief while the case against dismissal is pending adjudication in any Labor Court or Tribunal.
From India, Salem
This is in addition to the post of Mr Umakanthan Sir, you have admitted that proceedings are held /going on in "Labour Court"
you have asked "Can the workman be entitiled to get any interim relief through lower Court"
Relief, if any has to be sought in Labour Court based on merits of the case.The question of approaching Lower Court does not arise
Has the Enquiry been completed & Employee found Guilty of the Charges& Punishment awarded
please frame your question with appropriate details
From India, New Delhi
you have asked "Can the workman be entitiled to get any interim relief through lower Court"
Relief, if any has to be sought in Labour Court based on merits of the case.The question of approaching Lower Court does not arise
Has the Enquiry been completed & Employee found Guilty of the Charges& Punishment awarded
please frame your question with appropriate details
From India, New Delhi
Yes, the enquiry has been completed with out any inference The employee was not suspended and the enquiry was conducted to give farse shape after transferring the employee from U.P. to Tamilnadu and so as to prove misconduct of not obeying the reasonable orders of the superiors of not joining immediately after transfer of the employee followed by charge sheet and enquiry where in employee was not being paid on principles of 'No Work No Pay' only fare was paid. Now since employee has moved his submission for Interim Relief/ Subsistenence Allownce since no salary for the last 3 -4 years as C.B. is in labor court. Request to send any citation favouring subsistence allownce from lower court. Immediate action shall be appreciated.
From India, Kanpur
From India, Kanpur
Most probably, the case narrated is one relating to the transfer of an employee from one State to another and the employee's continuous refusal to obey the orders of transfer and the consequent disciplinary proceedings initiated by the Management.
In such a situation, the dragging of the Labor Court into the dispute and seeking orders of interim relief would arise only when the order of transfer is referred for adjudication to determine whether the orders of transfer is malafide as a colorable exercise of power or illegal on account of the breach of the terms of the contract of employment or violation of the Standing Orders applicable as the case may be.
In any case, the question of payment of subsistence allowance would not arise since the employee was not placed under suspension as admitted by the poster himself.
Since the situation of non-employment is created by the employee's refusal to join at the transferred place, the claim for salary/wages for the period following the transfer is unsustainable as the main question of the maintainability of the transfer orders is not decided at all.
From India, Salem
In such a situation, the dragging of the Labor Court into the dispute and seeking orders of interim relief would arise only when the order of transfer is referred for adjudication to determine whether the orders of transfer is malafide as a colorable exercise of power or illegal on account of the breach of the terms of the contract of employment or violation of the Standing Orders applicable as the case may be.
In any case, the question of payment of subsistence allowance would not arise since the employee was not placed under suspension as admitted by the poster himself.
Since the situation of non-employment is created by the employee's refusal to join at the transferred place, the claim for salary/wages for the period following the transfer is unsustainable as the main question of the maintainability of the transfer orders is not decided at all.
From India, Salem
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