non reciept of reimbursement
jayanttelang
(Querist) 28 August 2008
This query is : Resolved
Dear Mr Harbhajanji,as written in my earlier query,that a domestic inquiry is going on byb company against me,one more thing,they did not reimburse my expenses,of Oct,Nov,Dec 2007,by telling reason of audit objections,but as yet i did get any audit objection,from their end,i wrote so many request letters to them,but they denied to reimburse the total amount Rs 20000.00,now what to do?
H. S. Thukral
(Expert) 29 August 2008
My dear,
One of the ingradient of natural justice is that the deliquent employee who is put to face charges should not be denied/curtailed of his finances that he is unable to fight his case. As I said earlier the payment of subsistence allowance follows from the appointment letter or from the rules under any statue. To under stand suspension, it is not termination of contract of employment. Usually no employment letter says that the employer can bring a temporary end to employer-employee relationship. The suspension is an implied condition/right with the employer and in a layman language, employers bids/orders his employee not to do any work and since the employer -employees relationship subsist, the employee must obey his employers orders. If rules or terms of the employment do not provide anything contrary, the employee is entitiled to full wages. That is why I advised you to ask for CERTIFIED standing orders of the company. Ask the enquiry officer too to provide you a copy of the standing orders of the company under which the enquiry is being conducted. If the same is not provided it will help you to plead later that natural justice has been denied to you. If they provide a copy then go through it and if rules donot specify anything to suspension or subsistence allowance during suspension, demand for full salary with special empahsis on rising prices/ your expenses to run household/ children education etc. If they dont pay you, it can still lead to denial of natural justice. To be more familiar with the pharase I had advised you to go through some case laws, in response to your earlier query like Hotel Imperial Case etc. Go through the same and come back if you have any further queries. I shall be glad to answer the same.
