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Anonymous
10

Greetings:
A protected workman is found guilty after a domestic enquiry and Management wants to dismiss him. Pending approval of the Labour Court before which the proceedings were pending, he has been suspended, please suggest the following:

1) At what rate his suspension allowance will be calculated?

2) If Labour Court denies permission and Management files an appeal before the High Court, what compensation is he entitled to during the pendency of the appeal as Management does not want him to allow in the Plant?

Experts, please suggest.

Regards,

From India, Delhi
AnkurHR
Hi,
Please note that a protected workman having immunity against being dismissed during adjudication or conciliation proceeding only, and not all times.

His suspension amount calculation as per standing order.

From India, undefined
Madhu.T.K
4207

If suspension pending enquiry is as per approval of the Conciliation officer/ Labour court, then the same can be continued until permission to dismiss is received. During suspension, the employee should be paid subsistence allowance as per State Act with respect to payment of Subsistence allowance. In the absence of separate Act, you can pay 50% of salary for the first 90 days and then increase it to 75% for the rest of the period. In States like Kerala there is a provision for 100% pay for the period beyond 180 days.
From India, Kannur
PRABHAT RANJAN MOHANTY
583

The management can terminate the employee, if the domestic inquiry finished and found guilty against the misconduct.
But at present your management can't do anything as because has taken wrong route for filing up the case in the High court. The court will not allow to terminate too. You need to pay 50% of salary for the first 90 days and then 75% for the rest of the period. Check your state rules for payment of sustenance allowance.

From India, Mumbai
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