Hi, I have been working in the General Insurance Sector for the last 8 years. Ten months ago, the company suspended me due to some illegal allegations of issuing fraudulent motor policies. During this period, the company has conducted 3 hearings, yet they have not found any proof against me. Whenever I email or call them, they do not reply. I want to know if there is any rule or law that after one year of suspension, I will automatically rejoin duty or if I need to request a relieving letter.
From India, Gwalior
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From India, Gwalior
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You are employed in a public sector insurance company for which all labor laws are applicable. You need to consult a good labor lawyer in your area for further proceedings. We do not know the reason as to why you have waited for 9 years to solve this non-employment.
From India, New Delhi
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425From India, New Delhi
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How long are you in suspension?
Is the domestic enquiry in progress or what is the state of affairs?
You can consult a good lawyer involved in labor law litigation and draft a legal notice to your company regarding the inquiry if it is not being finalized.
From India, Pune
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Is the domestic enquiry in progress or what is the state of affairs?
You can consult a good lawyer involved in labor law litigation and draft a legal notice to your company regarding the inquiry if it is not being finalized.
From India, Pune
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Suspension and Service Regulations in Public Sector Undertakings
Since you are an employee of a public sector undertaking, your suspension would be covered under the service regulations of the undertaking. Normally, the tendency to place any employee under suspension indefinitely on the pretext of charges of serious misconduct or pending inquiry into the charges is curbed by the provisions for payment of subsistence allowance at higher rates with the duration of suspension. Unfortunately, some employers resort to the unethical practice of keeping the employee under suspension indefinitely for reasons best known to themselves just because subsistence allowance is being paid regularly as prescribed. Certainly, it cannot be an excuse for such a deplorable practice unless there are reasons like pending litigation, if any, in this regard in any Court of Law.
Therefore, in view of the inordinate delay, you can make a representation to the Management to revoke your suspension and ask for appropriate repostings without prejudice to the pending disciplinary proceedings. If it is of no avail, you can move the High Court under its Writ Jurisdiction. It is advisable to consult an experienced Counsel in service matters.
Regards
From India, Salem
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Since you are an employee of a public sector undertaking, your suspension would be covered under the service regulations of the undertaking. Normally, the tendency to place any employee under suspension indefinitely on the pretext of charges of serious misconduct or pending inquiry into the charges is curbed by the provisions for payment of subsistence allowance at higher rates with the duration of suspension. Unfortunately, some employers resort to the unethical practice of keeping the employee under suspension indefinitely for reasons best known to themselves just because subsistence allowance is being paid regularly as prescribed. Certainly, it cannot be an excuse for such a deplorable practice unless there are reasons like pending litigation, if any, in this regard in any Court of Law.
Therefore, in view of the inordinate delay, you can make a representation to the Management to revoke your suspension and ask for appropriate repostings without prejudice to the pending disciplinary proceedings. If it is of no avail, you can move the High Court under its Writ Jurisdiction. It is advisable to consult an experienced Counsel in service matters.
Regards
From India, Salem
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I have hired a high court lawyer, and the inquiry team offered me the option to bring a representative of my choice to the hearing. However, according to my lawyer, if we go to court, it could take at least 2-3 years to resolve. Therefore, we should wait for the management's decision. Currently, the company is providing me with half of my basic pay.
From India, Gwalior
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From India, Gwalior
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Normally, the subsistence allowance is based on the gross salary (excluding some kind of fixed allowance to defray special expenses peculiar to the performance of the job, like FTA for a touring employee for a certain minimum days on tour within a specified geographical area) last drawn prior to the date of suspension without any deductions.
From India, Salem
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From India, Salem
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Subsistence allowance has to be paid at 50% for the first 90 days and 75% for the next 90 days. If the enquiry is not completed within 6 months, it has to be paid at 100%. You can raise a dispute for this before the appropriate authority.
From India, New Delhi
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From India, New Delhi
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Have they given you a suspension order in writing? At which level was the suspension order issued? Have you appealed to the next higher authority in the chain to withdraw the order? You have not answered the question regarding the duration of the suspension. Normally, cases of suspension are to be dealt with on priority. The amount of subsistence allowance can be reassessed under FR 53(i), (ii) after three months. The full facts of the case have not been posted in the forum. To get better answers, more details will be needed.
From India, Pune
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From India, Pune
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From your narration, it is discernible that you are still an employee under orders of transfer from Kanpur to Chennai as you haven't so far complied with the transfer orders and no orders of suspension given by the management. As such, how can you claim subsistence allowance for the period of absence caused outright by your refusal to join at the transferred station?
From India, Salem
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From India, Salem
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From your post, I understand that the domestic enquiry was completed on December 14, but you have not been given your salary for a significant period before and after the conclusion of the enquiry. No disciplinary action was imposed during the past seven months. If this is correct, then raising an individual dispute may be premature and potentially illegal. You should raise your claim before management and demand suspension allowance. Not paying the suspension allowance is a violation of the principle of natural justice; hence, the domestic enquiry process could be considered illegal. Please refer to the Foolabhal Solanki vs. Alembic Chemical case for more information.
Regards
From India, Delhi
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From India, Delhi
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Understanding Your Employment Status and Rights
It appears from what you said that you have not yet been suspended pending inquiry. This means you are still in service and hence not eligible for the payment of subsistence allowance but entitled to your full salary. In case of non-payment of salary, of course, you have the right to demand it. Therefore, you should send a registered letter to your CEO/HR requesting the release of your salary along with overdue interest.
Additionally, you should file a petition with the jurisdictional Labor Inspector/Department in Chennai. If no action is taken, you should file a writ petition at the Madras High Court for an early hearing by an appropriate authority and payment of your salary.
Prior to this, ensure you know your status and have all necessary documents with you. Remaining silent is not an option. How will you eat and survive without salary in Kanpur or Chennai? Are you actively working in Chennai or just asked to sit around? Seek guidance from a lawyer to expedite your case.
Please let me know if you need any further assistance.
Regards
From India, Bangalore
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It appears from what you said that you have not yet been suspended pending inquiry. This means you are still in service and hence not eligible for the payment of subsistence allowance but entitled to your full salary. In case of non-payment of salary, of course, you have the right to demand it. Therefore, you should send a registered letter to your CEO/HR requesting the release of your salary along with overdue interest.
Additionally, you should file a petition with the jurisdictional Labor Inspector/Department in Chennai. If no action is taken, you should file a writ petition at the Madras High Court for an early hearing by an appropriate authority and payment of your salary.
Prior to this, ensure you know your status and have all necessary documents with you. Remaining silent is not an option. How will you eat and survive without salary in Kanpur or Chennai? Are you actively working in Chennai or just asked to sit around? Seek guidance from a lawyer to expedite your case.
Please let me know if you need any further assistance.
Regards
From India, Bangalore
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