100% salary on completion of domestic inquiry after 180 days - CiteHR
Korgaonkar K A
Srinath Sai Ram
Hr Manager

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Kindly give me judgements in respect of 100% salary on completion of domestic inquiry after 180 days. More than 210 days passed, co. is not giving 100% salary and paying 75% salary and on demand co. has filed reply that as per 10-a my client is only entitled for 75% salary.
Pl. help me out to solve present issues.
Adv. Sneha Desai

Dear Mr Snehan, please note that you are entitled for Subsistence Allowance as provided in certified standing Orders during the period of Suspension from service/Domestic Enquiry.in the absence of Certified standing Orders you will be governed by relevant state "payment of Subsistence Allowance act & Rules"
Alternatively, you can take up the matter with concerned labour Officer for adjudication of the matter i.e short payment of subsistence Allowance after 180 days

pl. give me some judgements related to 100% salery after lapse of 180 days enquiry.
Adv. Sneha

is 180 days applicable for all private companies too
Adv. Sneha Desai ji,
It seems you are from Mumbai.
In the State of Maharashtra the rate of subsistence allowance for suspension beyond 180 days is 100% of Basic +DA.
Please read clause 5A (iii) under Bombay Industrial Employment (SO) Rules 1959 which is given below verbatim:
"If the inquiry is not completed within a period of 180 days the workman shall be paid basic wages, dearness allowance and other compensatory allowance in full as subsistence allowance to be paid per month until such time as the inquiry is finally concluded".
However this is not applicable in case inquiry is prolonged for the reason directly attributable to the workmen.

What to do if any employer does not pay any subsistence allowance before or after conclusion of enquiry in a 'Workman' case where only fare for attending the enquiry is paid nothing more than that. The enquiry has been concluded, no suspension or termination of the workman. Matter subjudice in the courts. Under which act of labour law to get the subsistence allowance from the labour court.?

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