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Suspension

(Querist) 23 October 2018 This query is : Resolved 
The Non-scheduled private bank suspended an employee for dereliction in duty on 30-06-2016. Initiated disciplinary action and terminated his services after two years on 31-07-2018. Appeal to the management /Governing body was also dismissed. Is he entitled for subsistence allowance ? Whether writ petition could be filed? If not What is the next course of appeal ?
Isaac Gabriel (Expert) 24 October 2018
1. you can get subsistence allowance.
2. No writ is maintainable in case of Private bodies/Banks.
3 You can file case with the labour Authorities,
Guest (Expert) 24 October 2018
You have the need to go through the organization's conduct and discipline rules, as that would have contained the provisions whether the period under suspension can be compensated by any subsistence allowance or not. Normally, private organisations do not pay during suspension.
Sudhir Kumar, Advocate (Expert) 13 January 2019
Not able to fully agree with Mr Gabriel.

Subsistence allowance is admissible only during suspension period.

After dismissal (what the querist calls termination) he has no claim whatsoever.


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