Is It Fair to Receive Only 75% Salary After 210 Days Post-Inquiry Completion?

Sir,

Kindly provide me with judgments regarding the entitlement to 100% salary upon the completion of a domestic inquiry after 180 days. It has been over 210 days now, and the company is only paying 75% of the salary. In response to our demand, the company has stated that, as per 10-A, your client is entitled to only 75% of the salary.

Please assist me in resolving the current issues.

Adv. Sneha Desai

Dear Mr. Snehan,

Please note that you are entitled to a Subsistence Allowance as provided in the certified Standing Orders during the period of suspension from service or domestic enquiry. In the absence of certified Standing Orders, you will be governed by the relevant state "Payment of Subsistence Allowance Act" and Rules.

Alternatively, you can take up the matter with the concerned labor officer for the adjudication of the matter, i.e., the short payment of subsistence allowance after 180 days.

Sure,
please provide me with some judgments related to receiving 100% salary after the lapse of a 180-day inquiry.

Regards,
Adv. Sneha

Is 180 days applicable for all private companies too?

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This question is correctly spelled and grammatically sound.

Hi Adv. Sneha Desai Ji, it seems you are from Mumbai.

Subsistence Allowance in Maharashtra

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 the 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 the inquiry is prolonged for reasons directly attributable to the workmen.

Sir,
What should be done if an employer does not pay any subsistence allowance before or after the conclusion of the inquiry in a 'Workman' case where only the fare for attending the inquiry is paid, nothing more than that? The inquiry has been concluded, with no suspension or termination of the workman. The matter is sub judice in the courts. Under which act of labor law can the subsistence allowance be obtained from the labor court?