Facing a Domestic Inquiry Without Suspension: How Can I Secure My Livelihood Without Salary?

One year ago, I was transferred. The transfer has been challenged and is still under the labor officer/tribunal. Since I have not accepted the transfer, my company served a charge sheet and organized a domestic inquiry (but I was not suspended). In the domestic inquiry, the Inquiry Officer found me guilty (December 2022).

For the last 10 months, the Disciplinary Authority of the company has neither imposed any punishment nor terminated me. The company has also not provided any salary or subsistence allowances.

Now, what can I do for the sake of my livelihood?

If you are not suspended and during inquiry proceedings, have you been called by the inquiry officer to represent yourself in the company? Have you attended the proceedings? Please clarify.

Hi, When you were not suspended officially in writing, there is no room for subsistence allowance. Have you replied to the charge sheet? There should be some communication from management related to this.

You lodge a claim under non-payment of wages, provided you have attendance for those periods before the labor authority.

In the case of a supervisory or managerial position, the claim should be filed before the court.

I have not been informed about the dates of the inquiry, and the company concluded the inquiry 'ex parte.' The inquiry officer found me guilty in December 2022.

Dear Member,

From your posts, it is evident that you have not reported for work subsequent to the transfer. Further, you have not participated in the domestic inquiry initiated against you. Consequently, the question of payment of salary does not arise. Since you have intentionally not participated in the inquiry, the question of subsistence allowance does not arise.

Please review your decision and proceed accordingly. By this time, you should have reported for duty. Further, you have not furnished valid reasons for not accepting the transfer.

I have been transferred on 1st August 2022 in a malafide manner, which I reported on 6th September 2022 at the office of the labor commissioner for conciliation, but it failed. Access to my leave application was withdrawn on 7th August 2022. The company imposed 'No work No pay' on me from 1st September 2022, even though the transfer itself has been challenged to the appropriate government authority. The company started a domestic inquiry on the same issue on 30th September 2022.

Dear Member, you have concluded that the transfer order is malafide and raised a dispute in the Labour Department. Engage a lawyer who is familiar with labour laws and proceed according to his advice. Put forward all your arguments before the appropriate forum.