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