Denial of subsistence allowance
ramamoorthy
(Querist) 23 January 2012
This query is : Resolved
Thiru.N.Vijayakumar is working in Tamil nadu electricity board and he has been placed under suspension by the subordinate officer of Executive engineer O&M POLUR,Tiruvannamalai district,Tamil nadu.Subsistence allowance has been paid to him for first ninety days by the Executive engineer and thereafter no payment for the month of October And November 2011stating the reason that subsistence allowance will be paid to him only after getting approval from the higher authority which is contrary to the standing instructions in vogue.Suspended employee has represented on so many occasions to the Executive engineer and his superior the Superintending engineer,Tiruvannamalai electricity distribution circle, TIruvannamalai for getting the same but those are gone in vain.The above said suspended employee is governed by Standing order.Industrial dispute act 1947 clearly says subsistence allowance should be paid to the suspended workmen.More over tamil nadu electri city board has issued specific orders that subsistence allowance should be paid without waiting for the approval from the competent authority for the continuance of suspension beyond ninety days.Though the individual quoted the rulings in person to the officers concerned adamantly denied the payment of subsistence allowance.Kindly guide the individual in this regard to get the same
Sudhir Kumar, Advocate
(Expert) 23 January 2012
Failure of the management to timely paymetn f subsistance allowance is trated as one of the modes of denial of deence opportuinity and whole proceedigns can crumble. TNEB should learn this that this action is helpful to the accused.
He can even file writ. Can even file case in TN Administrative Tribunal if ENEB is covered by Tribunal.
Advocate. Arunagiri
(Expert) 23 January 2012
TNEB should pay the subsistence allowance. Failure to do so is illegal and violation of fundamental right to live.
Go for Writ.
Raj Kumar Makkad
(Expert) 23 January 2012
You were duly replied on yesterday against your similar query that this is nothing but denial of life and liberty and opportunity of hearing. Such employee is going to avail various benefits in the enquiry and subsequent challenge of proceeding, if any.
Make representation to the higher authorities failing which move to high court.
