Subsistence Allowance [Thread 469265]

Hello,
We have terminated a workmen because of habitual absence and also disobedience. The concerned workmen is attended the enquiry during absent period. Whether he is eligible for subsistence allowance?

Dear Ramesh5,
Subsistence Allowance is paid to a workman who is placed under suspension pending inquiry.
Your query is not clear to me as to the workmen was suspended pending inquiry.
Also the punishment made to the workman is seems to be disproportionate prima-facie to me.

Dear Sir,
Thanks for your opinion. The terminated workmen is absent for his work frequently. On an 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 produced the leave details through ESI. He was neither placed under suspension nor terminated at the time of enquiry. He was terminated only after completion of enquiry roughly around 45 days. All these time 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 enquiry then i think there is no need to pay at all....
Rgds Subroto Mukherjee

As law says that when a employee ahs to undergone suspension with pending enquiry he is eligible to get susbsistance allowance where he is present or not is void one. if it continues then take termination process but until he is eligible to get the same.
Regards, sukumar

Since the workmen was on duty during the course of enquiry till its completion and you have paid his salary for that period i.e. 45 days, then how come Subsistence Allowance comes into picture. Subsistence allowance is paid when the workmen is under suspension pending enquiry, which means the workmen is suspended till the enquiry is completed. After completion of enquiry you have terminated him so his subsistence allowance does not arise at all.

Hi,
One of our staff (Production Supervisor) met with an accident and got head injury at our Pondicherry factory. Doctors declared him brain dead . He has worked with us for the past 20 years. He is not covered under ESI Act.Since the accident occured in the course of employment is he covered under WC Act?
Please clarify.
Regards
A.RAMESH

Since the accident occurred during the course of his employment he is lawfully eligible for WC

Since the work man was not placed undersuspension pending enquiry, you need not pay any subsistence allowance to him. however as he attended enquiry which dis last for 45 days, he should be treated to be on duty on all those days for which he attended enquiry and shall be paid salary for the said period.
B.Saikumar