Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Rdsyadav
Educator, Management Consultant & Trainer
P Raghunadha Raju
Sr Consultant

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One of friend has been suspended from service pending inquiry. The period of suspension is not mentioned and no suspension allowance is paid though staff rule indicates Basic salary.
It is more than three months no inquiry is initiated. Kindly suggest the implications. How to proceed further.

From India, Hyderabad
No mention about the post held by the suspended employee. It is not necessary to mention the period of suspension in case of pending enquiry for the reason that it implies that the suspension would continue till the time the enquiry is over or final orders are passed in the disciplinary proceeding depending upon the gravity of the charges levelled. If the disciplinary action is commenced and continued without paying subsistence allowance, the entire proceeding would be vitiated on this score alone and the punishment if any awarded on the basis of the findings of the enquiry might be set aside in judicial review. Better the suspended employee may ask for the periodical payment of subsistence allowance as per Rules applicable.
From India, Salem
Dear Umakanthan The suspended employee is a Team Leader and no inquiry is initiated since 3 months. As per your suggestion, we will ask suspension allowance. Thanks and Regards
From India, Hyderabad
After 3 months he will be eligible for full pay (or 75% of full pay, I don't remember)
It can't be on basic alone.
Further, if there is inordinate delay (as seem to be in your case), you can complain to the labour commissioner or GLC and seek quashing of the proceedings

From India, Mumbai
Dear sir,
Your Friend is a management Staff(Team Leader) not a workman .Therefore, if it is the case, the Company's Service Rules applicable for Management Staff Employees will be applicable.. For a workman ,as applicable Standing orders framed as service rules and in the said order of suspension if it is mentioned that employee needs to mark his attendance on every working days at Time Office so that HR office can calculate Subsistence allowance during suspension period, then he will be entitled to Subsistence allowance @50% for first 90 days and thereafter, if enquiry continues beyond 90 days then he is entitled @ 75% of Basic + DA+VDA (as applicable there) till enquiry is concluded. Certainly , for an employee in Company management cadre the abovesaid Rules for claiming subsistence allowance are not applicable.
Thanks and regards,
RDS Yadav

From India, Delhi
Dear Contributors,

Please to highlight few facts related to this...

1. Team-Leader:- A mere leader of a team who makes checks and forwards it to seniors for consideration cannot be said to be covered within the meaning of Workman under Industrial dispute Act. (Burmah Shell Oil Storage and Distributing Company of India Ltd. and Anr. v. Burmah Shell Management Staff Association and Ors. A.I.R. 1971 S.C. 922)

2. Quantum of wages:- The quantum of wages/pay and the mode of payment should not be considered while determining whether a person can be termed as "workman."

(Devinder Singh v Municipal Council, (2011) 6 SCC 584)



3. Industrial Employment Standing Order Act:- Under this Act if an employee did not initiate inquiry then subsistence allowance is payed to the suspended employee @ of 50% of wages for the first 90 days and 75% for the remaining provided the delay is not for the suspended workman.

4. In case the team leader is a workman:- His relief is that he can refer this to the Labor court for paying of subsistence allowance.

5. Speedy trial- The Supreme Court specifically referred to the decision of a Constitution Bench in the case of Abdul Rehman Antulay v. R.S. Nayak, 1992 (1) SCC 225, wherein it had been held that the right to speedy trial is a fundamental right implicit in Article 21 of the Constitution and in which detailed directions were issued in this regard.

(Ajay Kumar Choudhary v. Union Of India Through Its Secretary, Supreme Court Judgment, 16 February 2015). Hence the suspended employee under the above laid down legal principle can ask for intervention from the Labour Court for speedy disposal of the inquiry under its supervision.

6. In case the Team Leader is not a Workman, then also relief can be availed in court of law on the ground of right to fast trial.

7. Employer Employee relationship do not extinguished even during suspension, hence ESIC or EPF (The Welfare Legislation) prevails and the contributions has to be made accordingly. The suspended employee can make complain to the epf authority to keep pressure on the employer. Ref.:- Pf Contribution To Continue Even During Suspension | Business Standard News

From India, Kolkata
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