DEar Sir
I was working in a MNC nearly 27 years. I was the General Secretary of the only recognized Union.
I was placed under suspension as per Bengal Industrial Employment (Standing Order)Rules 1946.In reply I stated that my service is not governed by that statute. My request to withdraw my unlawful suspension have paid no attention to the management. Requested again for a copy of Service Rule of the company under which they were empowered to suspend me. In reply they stated "As the Model Standing Orders have a statutory force it is not necessary to fall back on any service rule". I was getting subsistence allowance as per west bengal payments of subsistence allownce act 1969.
Now I approached before the Shops and Establishment authority to get back my full salary as per an Apex Court Order V.P.Gindroniya V State of MP(1970)3 SCR 448:AIR 1970SC 1494:(1970) 2 SCJ573@1970 2 LLJ 143
iT IS CLEARLY MENTIONED IN THE ORDER "It is well settled that an order of interim suspension can be passed against the employee while an enquiry is pending into his conduct even though there is no such item in the contract of employment or in the rules but in such case the employee is entitled to his remuneration for the period of suspension if there is no statute or rule under which it could be withheld".
When the management is under pressure from the authority on the ground that which statute empowered them to suspend and withheld my full salary they fabricated an administrative order dt 16.06.04(which has no reference in my suspension letter) just to give a belated legal shape to the so called charge sheet. Several correspondences have been exchanged but they never disclosed the exixtence of this Administrative order. They remained silent all along.
Ultimately management dismissed me from service in the year 2006.
I also went to labour court. But due to my absence they passed an award which gave no result in my favor.
Now the shops and establishment referee expressed their inability to pass an order in my favor due to some limitation and they advised to agitate in other forum. But they gave their findings that the Administrative Order should not be considered in case of applicant's claim.
Now I approached before the Hon'ble Kolkata high court.
Here also I got no fruitful result in my favor.
Now my question is :
1. Am I allowed to get subsistence allowance although I suspended illegally
2. Is there any provision in the subsistence allowance act to pay the allowance by instalment?
3.There is an Apex court order where the suspension order becomes invalid if it is not reviewed
within 90 days.Is it applicable to my case?
4.What is my next course of action?
5. If it is Division bench then I need your support because this is my last chance to survive.
Sir please help me. I am suffering this mental anxities since 2004.
I am now 65 years old and need a peace of mind.
Thanking you
BKM
