standing Orders and subsistence allwance
jayanttelang
(Querist) 30 September 2008
This query is : Resolved
Dear Mr Harbhajansingh ji,once again i have a query regarding my matter.
In the recent past i received a letter from my company's HRD,In short their reference is as below-
1 There is no formal standing orders and you are governed by the rules/regulation & norms of the company which is in accordance with principle of natural justice.
2 It is a Domestic Inquiry- Domestic Tribunal hence the delinquent employee has to attend the Domestic Inquiry where the Domestic Tribunal has been constituted i.e,head office Ahmedabad.
3 There is no mandate to provide defence representative at the cost of employer.
Mr Harbhajansingh ji,i think they have not any certified standing orders,still they are giving me only 50% of my salary,while 7 months have been passed.
in this regard,kindly tell me what to do,& where would i file a complaint.
They are also making a barrier in the way of my Defence represintative (he is my co-employee,in my company,at other H.Q.)
After completion of six months,i sent a request letter to my HRD,regarding 75% of my salary,but he plainly denied to do so,
kindly guide me what to do now?i m waiting for your reply,eagerly!
H. S. Thukral
(Expert) 03 October 2008
As I said earlier, you, in the facts and circumstances, are entitiled to full salary right from the day of suspension. You can send a letter to the mgmt asking them under what rule they are providing you 50% of the salary. This will help you later.
As far as co-employee to assist you in the DA, it is your right but if he is located at another place then you have to bear the expenses which he might have to spend on reaching the inquiry venue.
You can recover the balance of your salary withheld by them on pretext of suspension under section 33C(2) of the ID Act. If you have a Union of workmen then file a complaint through it against the mgmt for indulging in unfair labour practice.
