Was I Wrongfully Terminated? Seeking Advice on Subsistence Allowance and Legal Rights

Hi Everybody, I have been working for a company for the past 2 years as a Permanent Employee in the Workmen Category. I am a Software Engineer by profession. My employee status has been confirmed by the company.

Termination and Subsistence Allowance

Suddenly, the company removed me from services by handing over a Termination Letter to me without any charges of misconduct against me, no absence of leave, etc. Should I not be reimbursed subsistence allowances at 50% for the first 3 months, 75% for the next 3 months, and 100% for the remaining months?

Pending Case and Entitlements

My case is pending in the Labour Court, and for the past 32 months, I have not been paid my salary. Can anyone guide me on whether, apart from back wages, award costs, etc., I would be entitled to subsistence allowance as well as per Indian Labour Laws or not?

Subsistence Allowance and Unlawful Termination

'Subsistence Allowance' is paid by the employer when you are suspended from your duty for any misconduct pending inquiry. The rate is 50% of your last drawn salary for the first 90 days and after that period 75% (not 100%). However, your case involves unlawful termination from service, and you have already filed a suit in the Labour Court challenging the termination. Therefore, you have to wait for the Order of the Honorable Court. If the Honorable Court orders your reinstatement in service, then you will receive full back wages with all benefits.

Thank you.

Hiren Banerjee

Even if reinstatement is ordered by the court, to get back wages and consequential benefits, there has to be a specific order.