Case ran for 2 yrs in labor court , employee won and got subsistence allowance and back wages.Later on, employer appealed to high court . Case ran for 3 yrs and employer won the case. If employer wins the case in high court ,against labor court order, will employee need to return back the subsistence allowance and back wages paid to him ?
From India, Bangalore
1From India, Bangalore
No my dear friend. Labour Law is based on the doctrine of social justice. In labour jurisprudence, the status of the disputants viz the employer and the employee is not treated as litigants of equal strength for establishing their respective contractual rights created by their employment relationship. The employer always stands on a higher pedestal because of his superior position as the employment provider, exercise of control over the employee in terms of hiring his services,ensuring his attendence, methods of work, payment of compensation for his burden of co-operation, performance appraisal and rewards, transfer, inflictment of punishments including dismissal for proven violation of rules of discipline and so on. Therefore, certain payments made out to the employee in certain special circumstances under legal obligations can not be recovered by the employer after the total extinction of employment relationship. Payment of subsistence allowance to an employee kept under suspension pending enquiry is an indication of the existence of employment relationship as well as an economic assistance to enable the delinquent employee to face the disciplinary trial based on the principles of Natural Justice when he is deprived of his normal earnings. When his dismissal is set aside in adjudication and reinstatement with back-wages is ordered and still if the employer prefers appeal before the High Court or Supreme Court, without reinstating him, then only section 17B comes into play. The success of the employer's appeal will not certainly result in the recovery of the already paid subsistence allowance, back-wages prior to the award and the wages payable u/s 17B.
From India, Salem
From India, Salem
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SC directive on subsistence allowance to suspended staff.doc