Terminated for Absence and Disobedience: Is Subsistence Allowance Still Due?

We have terminated a workman because of habitual absence and disobedience. The concerned workman attended the inquiry during the absent period. Is he eligible for a subsistence allowance?

Subsistence Allowance is paid to a workman who is placed under suspension pending inquiry. Your query is not clear to me as the workman was suspended pending inquiry. Also, the punishment given to the workman seems to be disproportionate prima facie to me.

[QUOTE=korgaonkar k a;2083889]Dear Ramesh5,

Subsistence Allowance is paid to a workman who is placed under suspension pending inquiry. Your query is not clear to me as the workman was suspended pending inquiry. Also, the punishment given to the workman seems to be disproportionate prima facie to me.

Dear Sir, Thanks for your opinion. The terminated workman is frequently absent from work. On average, he is absent for 9-10 days in a month. We have issued several warning letters, but he has not changed his attitude. Additionally, he has not provided the leave details through ESI. He was neither suspended nor terminated at the time of the inquiry; termination occurred only after the completion of the inquiry, which took roughly 45 days. Throughout this period, he was not absent from duty. In this situation, is he eligible for Subsistence Allowance?

Regards, A.RAMESH

If the fellow was neither placed under suspension nor terminated at the time of the inquiry, then I think there is no need to pay at all.

Regards,
Subroto Mukherjee

As per the law, when an employee has to undergo suspension pending an inquiry, he is eligible to receive a subsistence allowance whether he is present or not. If this situation continues, the termination process should be initiated. However, until then, he is entitled to receive the same.

Regards,
Sukumar

The terminated workman is absent from his work frequently. On average, he was absent 9-10 days in a month. We have issued several warning letters, but he has not changed his attitude. Also, he has not provided the leave details through ESI. He was neither placed under suspension nor terminated at the time of the inquiry. He was terminated only after the completion of the inquiry, roughly around 45 days. During this time, he was not absent from duty. In this situation, is he eligible for Subsistence Allowance?

Regards, A.RAMESH

Since the workman was on duty during the course of the inquiry until its completion, and you have paid his salary for that period (i.e., 45 days), how does Subsistence Allowance come into the picture? Subsistence allowance is paid when the workman is under suspension pending an inquiry, which means the workman is suspended until the inquiry is completed. After the completion of the inquiry, you have terminated him, so his subsistence allowance does not apply at all.

Since the workman was not placed under suspension pending enquiry, you need not pay any subsistence allowance to him. However, as he attended the enquiry, which lasted for 45 days, he should be treated as being on duty for all those days he attended the enquiry and shall be paid salary for the said period.

Regards,
B. Saikumar