supension of public trust employee
Querist :
Anonymous
(Querist) 06 November 2011
This query is : Resolved
a public charitable trust permanent employee has been suspended in karnataka. as per act the trust is covered under shops and establishment act of karnataka. now the period of supension is more than 200 days and management is giving only 50% salary.pl clarify :
1. is employee is eligible for full salary after nintey days of suspensio.
2. enquiry has been closed but no decision taken and employee not informed.can he approach high court for reinstatement.
3. the notice and chargesheet have been issued under education act,where as employee comes under shops and establishment act.
what are remidies available to employee and are there any similar case references
Guest
(Expert) 06 November 2011
The replies to your questions are as follows:
1) Not eligible for full salary during suspension period; Enhancement or reduction of susistence allowance depends solely at the discretion of the comptent authority on review of the suspension of employee.
2) Although there is no bar for the employee to approach to the HC, but HC may also not be able to help unless some decision on the case is taken by the disciplinary authority to penalise or exonerate the employee. However, the HC can be expected to issue orders to the disciplinary authority to expedite decision by some fixed date.
3) Depends upon which Conduct and Discipline Rules notified to be applicable on the Trust. If it is an educational trust and getting grants from the University Grants Commission, it is necessary for the Trust to adopt guidelines of the UGC.
REMEDY: The employee can however approach the prescribed Appellate Authority through an appeal to revoke suspension orders on merits with full justification for revokation.
Querist :
Anonymous
(Querist) 06 November 2011
sir,
thanks for your reply.the below points to be noted:
1.trust is having income tax exemption.
2.trust is registered as a public charitable trust with education as objective.
3.the suspension of employee under education act is illegal since he was appointed as trust employee and not as education institution employee and entire proceedings is illegal since he is covered under shops and establishment act of karnataka.
4. the trust is not receiving any grants from ugs. but institutions under trust are receiving grants from various govt agencies.
5. is standing orders under industrial act applicable to this trust employee .
Rajeev Kumar
(Expert) 06 November 2011
I totally agree with PS Dhingra.
Guest
(Expert) 07 November 2011
Dear Anonymous,
REF: Your supplementary information and query--
1) Income Tax exemption has no beaing on employees conduct & discipline rules.
2) Being a charitable trust has also no bearing on employees conduct & discipline rules.
3, 4 & 5) Two different sets of conduct & discipline rules cannot be made applicable on employees of different wings of an organisation.
Querist :
Anonymous
(Querist) 07 November 2011
but trust and education institution are seperate legal entities registered under seperate acts and before seperate authorities. it is very clearly mentioned in karnataka shops and esablishments act that all establishments such as trusts, societies and ngos come under the perview of the act.
Guest
(Expert) 07 November 2011
Are the controlling bodies different for the trust and institutions working under the trust?
Querist :
Anonymous
(Querist) 07 November 2011
YES.PL NOTE EMPLOYEES UNDER TRUST ARE FILING CASES BEFORE LABOUR COURT AND EMPLOYEES OF EDUCATION INSTITUTION ARE FILING THE SAME BEFORE THE EDUCATION TRIBUNAL.
