Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
K C S Kutty
Labour Laws

Respected Seniors,
This is a live case and the enquiry here is on behalf of a colleague of mine who had put in 27 years of service in a PSB.
She is put under suspension for some charges and issued charge sheet after 135 days of suspension and was not provided any means to claim any part of her subsistence allowance as the total amount paid was appropriated towards various loans in the pretext of keeping them regular. Even the optional deductions were made without her consent.
Till date she could not access even to a single rupee of her subsistence allowance. Is there any way?.Is it necessary for some one to beg for her rights till the procedure is complete? The forums available in PSB are not responding..
Can the employer be made answerable for the non payment of subsistnece allowance in this case?
If there is anyone to help in this regard so that I can upload the complete case study with details if any more information is required.

From India, Mumbai
Dear Natural Justice
It is unfortunate that such a senior employee has been facing a Departmental Enquiry.
There has been several judgements on this matter.of deductions from Subsistence Allowance.
Only PF and ESIC deductions can be made from the Subsistence allowance pending enquiry.
Any other deductions can be made only upon the consent of the employee.
Moreover the quantum of Subsistence allowance which is 50% initially, has to be raised to 75% after three months of continued suspension.
Do pursue the matter with the Apellate Authority of PSB, or Tribunal and Labour Court, as appropriate.
Warm regards.

From India, Delhi
Subsistence means survival, existence, maintenance or sustenance. Subsistence allowance is paid to the employee kept under suspension pending enquiry in order to survive till the enquiry is completed and action taken on the enquiry report. Hence, the amount has to be paid to the employee for his/her survival. Non payment of subsistence allowaince is illegal.
Section 10-A of the Industrial Employment (Standing Order) Act 1946 provides for payment of subsistence allowance. As per Sub Section (2) of Section 10A, any dispute regarding Subsistence Allowance may be referred to Labour Court. Award of Labour Court can be executed under Section 33-C (Recovery of money due from an employer) of the Industrial Disputes Act 1947 and the amount can be recovered under Revenue Recovery Act.

From India, Madras
Dear Natural Justice,
In my earliest comments, in the first para I have mentioned about the requirement for payment of subsistence allowance. In the second para, I have suggested the legal remedies for non payment of subsistence allowance.
I would like to know what is the action taken by the affected employee and what is the current position.

From India, Madras
Respected Sir,

The present status is still the same. The employee in question being a lady is at present going through some midage health complications and the status of not able to touch even a single rupee of her earnings had put her more dependent on her family. Like every other indian women who submits to her environment to the benefit of other person. Eventhough her legal position is right, to gather strength to stand up and fight against a Huge organisation for rights is something which needs lot of preparation.

In the world out where we live people always mix up things. The very term Natural Justice is not known to many a persons unless they face it.

To find suitable lawyers in the place where she is staying at present is again a problem. When it comes to fight for an individual who is up against an organisation for legal remedies you need a 100% trustworthy person who believes in their professional ethics and who would not mix up the things.

I would like communicate in your private mail id to reveal more details if you permit.

Thank u for the followup sir. I have started believing today that " TRUTH and JUSTICE Prevails"

From India, Mumbai
Anonymous
Dear Natural Justice,
Thank you for your prompt reply. I can understand the helplessness of the employee under suspension after 27 years of good track record.
You can very well send the details to me. For your kind information,with a post graduation in Labour Laws, and specialised in Domestic/departmental enquiry (Govt. corporate and cooperative sector) I am working as a Trainer at HRD Institution over two decades, worked in Kerala, Tamil Nadu and presently in Maharashtra.

From India, Madras
Hope Legal experts may come forward with valuation opinion for finding out a solution for this problem.
From India, Madras
The legal experts in the forum whom I am trying to contact are having their private message box either unaccessible or not allowed to receive private messages. As the finer details could not be discussed in the forum it is essential that they should send a word to me or keep their message accessible. Thank u .
From India, Mumbai
The question raised by you is non payment of subsistence allowance during suspension period. Make application to the employer and if not paid approach the Labour Court as per the legal procedure.
From India, Madras
The experts can only guide you to get the subsistence allowance. If the employee has not committed the alleged misconduct, that has to be proved before the enquiry officer.
From India, Madras

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