Subsistence Allowance cannot be claimed under S.33C(2) if suspension has culminated in dismissal

In Iritty Range Kalluchethu Vyavasaya Thozhilali Sahakarana Sangham Ltd. v. K.T. Joseph, the Kerala High Court (S.S.Satheeshchandran J) held that no claim for subsistence allowance resorting to Section 33C(2) of the ID Act is maintainable against the employer in Labour Court, if the suspension of the employee has lead to his dismissal. Section 33C(2) is available to a workman only during the subsistence of employer-employee relationship, and therefore a dismissed employee cannot invoke Section 33C(2), unless his dismissal is set aside in a reference under Section 10 of the ID Act.

I have to say here that I have serious reservations regarding the correctness of this judgment.


About Thomas Geeverghese

Vayaliparambil, Perumbavoor | Advocate, Ernakulam
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