sucsistance allowance

jayanttelang (Querist) 24 August 2008 This query is : Resolved
Dear sir, my company's management has been suspended me from 15th Nov 2007,they cunducted a domestic inquiry against me in the month of Feb 2008,they are paying me 50% of my salary(as subsistance allowance),now six months have been passed,but as yet no result occured,still inquiry is going on,now would i demand for 75% or 100%of salary my salary and under which heading/section no.of labour/industrial law kindly send me all details,how long domistic inquiry can be conducted!

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Guest (Expert) 25 August 2008
After 90 days you are entitled to 75%. but refer to the Act on that behalf.

Kindly let us know the State you belong to as each state has a separate enactment.

jayanttelang (Querist) 25 August 2008
dear sir,my company is belonged to Gujrat state,it is a corporate house engaged in pharmaceutical production,kindly reply me as soon as possible,quiry was started in the month of feb 2008,if the rule of 90 days regarding subsistance allowance,still am i entitled to get last three month's arrears,(rest part 25% of my subsistance allowance)how long will i be getting 75% of my salary?
one more thing,they sent me a chargeshit,after three months of the date of suspension,is it legally right or wrong?

H. S. Thukral (Expert) 27 August 2008
In your repeat inquiry I have suggested you to do something immediately. Ask your employer to provide you a copy of standing orders of the company and also write a letter to the enquiry officer to provide you the same.

For present I must tell you that the power to suspend an employee is not an implied power. It should be either available in the contract of employer or rules framed under any statue i.e. Standing Order Act. In the absence of any power the suspended employee is entitled to full salary/increments/bonus everything which he would earn while on service. As I said I will guide you what to do when you have received a reply to your demand.
If you can understand the law, please go through the following cases
Hotel Imperial v Hotel workers' Union
1959 LLJ (II) 544
T. Cajee v U. Jormanik
1961 LLJ(I)652
Balwant Rai Ratilal Patel v State of Maharashtra
1968(II) LLJ 700