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Dear Seniors

My service was terminated in the year 2006.

1.Before terminating company made an enquiry within office premises.

2.My charge sheet letter was without the sanction of law.

3.The enquiry officer appointed by the company accepted those illegal documents.

4.My service was not governed by Model standing orders(nothing was mentioned in my appointment letter).

5.Enquiry officer accepted an administrative order(back dated) in the proceedings.

6.Before terminating my service I requested company and enquiry officer to give me a chance under Natural Justice but it was refused.

I raised my objection on each and every illegal action taken by the company and the enquiry officer but none of them pay any attention to my plea.

Ultimately they terminated my service.

I approached before the Shops and Establishment Govt of west bengal to get the full remuneration citing an Apex court order,

The Govt authority released an order (rejecting the back dated administrative order ) mentioned their limitation in giving such an order.

They requested me to agitate in some other forum.

Now I approached before the High Court - Kolkata which is now in progress,

Opposite party now raised an objection about the maintainability in law of the case

Can anyone suggest me any relief in this regard?
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Your dis-satisfaction over the procedure is understandable. First of all I would like to tell you that if there is lapse in procedure of following principle of "Natural Justice", it is in the interest of accused employee because he can defend himself before Court of Law.

Now to your case -

You said, your services were terminated in the year 2006. What were you doing till date Sir? From your foregoing details it is assumed that this period of almost 7 years has lapsed only on pursuing your case before the Shops & Estb. Authorities of WB, who have been pleased just to set aside the validity of back dated order issued to Inquiry Officer(IO).

Now I would suggest you following :-

1. Ask for certified copy of - inquiry proceedings, documents submitted by the Management Reptv., any other relevant document which was used against you by the MR, the findings of IO (as because your services have been terminated, you have a right to demand it). If the management denies, get through application under RTI Act, 2005.

2. Discuss your case, alongwith above documents, with an Advocate who is expert in dealing with service matters, and act accordingly. I am sure he will give an appropriate advice. Since you have already approached to High Court, you must have taken care of above, if not, do it now to make your case strong enough to be defended in your favour.

Best wishes.

AK Jain

HR Personnel

I do not know how many states have a law on subsistence allowance as KERALA State.Provision for subsistence allowance in the Industrial Establishment (standing orders ) Act 1946 is applicable to the workmen in industrial establishments employing 100 or 50(as the case may be) or more workmen .There is no law to provide subsistence allowance to workmen of establishment to which Standing Orders Act is not applicable.The Kerala Act applies to all industrial establishments irrespective of No of workmen.
What is the remedy for workmen to get allowance during suspension,in an establishment not covered by SO Act or an Act like the one in kerala.?
Dear Mr. Verghese,
If any establishment is employing employees less than 100 in number, than as you rightly said, IESO Act is not applicable. But then, there are a very little laws for establishments of such a small size. However Factory Act, TU Act, MW Act, PW Act, PG Act, ID Act etc. applies. But these Acts deal with things other than Subsistence Allowance. However, in any case, it is believed that for regulating services of its employees, each and every establishment has its own rules and regulations which guides and speaks about conduct, misconduct and its treatment. But if there is none, the principle of natural justice applies. An employee cannot be kept under suspension for indefinite period pending inquiry because completing inquiry is not in the hands of accused workman. It is rarely a case where employee delays the process.
AK Jain
HR Personnel
Sri A K Jain has given a blue print of domestic enquiry and suspension. There is no time limit specified for treating the suspension period other than generally indicating 90-180 days for completion of the entire process at the department level. Again it is subject to the gravity of the offence for which an employee was placed under suspension or whether any criminal case is lodged with Police etc., But for this, Sri A K Jain has given the best possible reply to the issue under discussion.
Mr Saxena, The Industrial employment standing orders act has prescribed 3 months time for completion of the domestic enquiry, however same can be extended by giving reasons, so if the suspended employee is trying to prolong the enquiry without any cogent reason, then you have the liberty to stop the subsistence allowance.
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