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P.ESAKKIMUTHU (LABOUR CONSULTANT)     30 August 2008

decisions on subsistence allowance

Pl.suggest a decision of HC if any that employee is entitled to subsistance allowance under Payment of Subsistance Allowance Act (Tamilnadu Act) when once the employee is suspended during which period he is under the jail



Learning

 7 Replies

prof s c pratihar ( urologist &legal studies)     30 August 2008

once the employee is suspended he is entitled for subsiste allowance as the relation between master and searvant subists.it is not barred by remaining in jail.please note suspension is not a punishment..i do suggest you  to go through standard text book on disciplinary proceedings by muthuswamy and brinda.drscpratihar

K.C.Suresh (Advocate)     31 August 2008

Suspension is not a punishment.

H. S. Thukral (Lawyer)     01 September 2008

I appreciate Dr. Pratihar for having knowledge of law unrelated to his profession. He is perfectly right in his reply. Only thing which I want to add is that subsistence allowance can be regulated through rules framed under any statue i.e. Certified Standing Orders or any condition stipulated in the appointment letter. Now when the employee is suspended  the sole purpose is that charges are serious and it is in the interest of justice that the employee should be asked to layoff during the period of enquiry. In such cases the employer directs the employee not to come to office. Here is a case when an employee is stopped from attending the office  because he is incarcerated by another authority and prevented to attend the office. Would he be entitled to any subsistence allowance. In my opinion as long as the employee is imprisoned the suspension is uncalled for and employee otherwise would not be entitled  to any wages on Principal of no work no pay.

madhukar (Asst. Manager)     04 September 2008

Dear friend, there is verdict by a honble Andhrapardesh HC with regard to marking attendace daily at company gate during the suspension period.but  not much abt the subsistence allowance.if you need details of this verdict  pl write back to me on my email id madhukarkale@ymail.com

prof s c pratihar ( urologist &legal studies)     20 September 2008

in each month the employee is to submit a certificate that he is not engaged in any employment ,profession or vocation.if he is in jail his liberty is taken away   and he can not get subistance allowance for that period.i do not know whether he can claim after he is released from jail.the theory behind is that family members should not starve.so in govt service it is decided to shorten suspension period as early as possible.there are provisions where he can authorise any person to collect his subsistance allowance.anybody sufferer may move supreme court  in slp with the very intrinsic question of law ,when he is prohibited from attending office then how can you order for presenting at the gate.i have not gone through the actual judgment.i request senior members to discuss more.order passed by supreme court is a obiter dicta only.

Sourav Gope (128 bidhan sarani kolkata 4)     25 April 2010

sir,

        I want to know that in my sole propriotorship comapny there i suspended 4 employee but i send them a notice to collect suspend allowance but they didnot come and take suspended allowance now after one and a half year gone i decided to close down my company so for that they will only get gratuaty or suspended alowance also plz help me for this query. thank you

P.ESAKKIMUTHU (LABOUR CONSULTANT)     25 April 2010

It is not informed whether the suspended employees were terminated or not.It is not informed whether  any enquiry is conducted or not. Any how you have to pay the gratuity and subsistence allowance later. The gratuity can be forfeited only for misconduct connected with moral turpitude for which notice of forfeiture and other procedures are to be complied with


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