Decision of domestic inquiry
jayanttelang
(Querist) 06 February 2010
This query is : Resolved
Dear all,regards
i am a medical representative,my company donducted a domestic inquiry against me on 5th Feb 2008, and DI was finished on 16th Sept 2009,still management did not give any decision,deliberately.while approx 5 months have been passed.during this period company is paying me only 50% of my salary as subsistence aallowance since the cammencement of the DI,still i am getting only 50% of my salary,
management wants to harass me mentally and finencially,they think,after getting too much harassment,i will live the company,s job,but i would not live the job,and if possible further i will fight legally in the court,
plese give me proper direction regarding this situation,
1. can i complain in local labour court for full salary?
2. can i complain in human right commission?for this harassment?
R.R. KRISHNAA
(Expert) 06 February 2010
Wait for few more months till you get the order in domestic enquiry. If it is not favourable, then you may challenge the order before the labour court.
While approaching the labour court you can also seek relief for reinstatement, backwages and other benefits.
Suppose if the labour court orders reinstatement, would it be possible for you to work in the same company with peace? Just think of it.
Why dont you look for some other job?. Anyhow, best of luck.
Human rights commission has no role to interfere in such matters.
Binod Kumar Mishra
(Expert) 06 February 2010
Dear Jayant,
apart from what Krishnaa jee has suggested you may approach after representing your employer to labour court for payment of 75% of subsistence allowance because your suspension has crossed six months period.
B K Raghavendra Rao
(Expert) 06 February 2010
You have not mentioned whether you have been suspended or not. The question of subsistence allowance arises only when you are suspended. For first six months you are eligible for 50% of your salary as subsistence allowance and after six months, you should get 75%.
If you are not suspended, you shall be paid full salary. If you have a trade union, make representation to the management through the union for finalising your case immediately.
You may also approach labour court for unfair labour practice.
Guest
(Expert) 07 February 2010
The first question you have to answer yourself is that whether your company has got certified standing orders or not, if they have, what is the provision regarding subsistence allowance? Is it saying that if the domestic enquiry is delayed (it is not completed in your case, because till the disciplinary authority's order comes out, it is still domestic enquiry)not attributable to the employee, he is entitled to what sum (either 75% or 100%).
Next, you need not to wait till the disciplinary authority gives its final decision. You can file a case to recover the remaining 50% of wages from the date of completion of enquiry proceedings)i.e., 16.09.2009. This case is under Section 33 (C)2 of the Industrial Disputes Act, 1947 before the labour court. You can directly file this case and need not to take the assistance of the union.
Sarjooram Sharma
(Expert) 07 February 2010
If the delay in enquiry is not attributed by the workmen, after a prescribed period he become entitled for 75% wages till the date of punishment order. If employers do not pay 75% wages, you can approach to the labour department of the area.
