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kishor   10 February 2020

Non payment of subsistence allowance

I am working in a Private Bank in India. I have been placed under suspension since Nov. 19 pending departmental enquiry . Bank is not paying subsistence allowance since Nov. On being enquired, HR person told that this will be decided by Bank after completion of enquiry. Please advise the recourse available in this case.


 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 February 2020

Subsistence allowances shall be paid during the suspension period.  Ask the reasons for drawing your subsistence allowances using RTI.  Later file case by consulting an experienced advocate specialised in service matters of banks.

G.L.N. Prasad (Retired employee.)     11 February 2020

Private banks are beyond the ambit of RTI act.  There must be a well laid down policy on HRD and with the help of your comrades download such policy which must be in tune with various banking awards in the Banking industry, and then write a Registered letter/notice politely seeking sustenance allowance. 

Make it as simple as possible.   The employee was suspended on........................vide order no.................dt..........................  As per settlement/HRD policy, he is entitled to a sustenance allowance in lieu of salary.   The employee was not paid single rupee since the date of suspension and being subjected to harassment and victimization by stopping legally entitled relief.  Hence this notice when the oral discussions with HR failed, requesting an immediate settlement of sustenance as expeditiously as possible.

Wait for a reasonable time and issue advocate notice and go to Labour court for remedy, if they fail to consider your case for sustenance.

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RTI Act is only applicable to public authorities  as defined under Sec. 2 (h) of the said Act. Hence private authorities are not governed under the RTI Act.

Dr J C Vashista (Advocate)     12 February 2020

Well advised by experts, I endorse it.

Dr J C Vashista (Advocate)     12 February 2020

You are entitled for suspension allowance which you are required to claim if it is not being paid/ withheld.

It is advisable to consult a local prudent lawyer with relevant records for analyses, professional guidance and necessary proceeding.

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