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.

Advertisements

About Thomas Geeverghese

Advocate, Ernakulam
This entry was posted in Uncategorized and tagged , , , . Bookmark the permalink.

Comment:

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s