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i have been asked to go on personal leave till inquiry completed and issued Charge sheet under Company Certified Standing Order . Though there is provision of subsistence allowance in CSO. The standing order is applicable to all kind of employee in the Organisation. I little confused that if worker is Charge sheeted under suspended pending enquiry, and he is being paid subsistence allowance but executive who charged under same standing order and has been asked to go on leave till enquiry completed on verbal instruction, will not be eligible subsistence allwonace legally. will it not be discrimination. I shall be grateful to you for providing me valuable advice & relevant case law in the matter.

A. Dear Client, Please have a look An Employee Is Entitled To Subsistence Allowance Pending Inquiry: SC [Read Judgment] BY: APOORVA MANDHANI16 FEB 2018 3:53 PM The Supreme Court, on Thursday, ruled that an employee is entitled to subsistence allowance pending inquiry against him, opining that denial of financial resources would amount to depriving him of an opportunity to defend himself. The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta observed, "An employee is entitled to subsistence allowance during an inquiry pending against him or her but if that employee is starved of finances by zero payment, it would be unreasonable to expect the employee to meaningfully participate in a departmental inquiry. Access to justice is a valuable right available to every person, even to a criminal, and indeed free legal representation is provided even to a criminal. In the case of a departmental inquiry, the delinquent is at best guilty of a misconduct but that is no ground to deny access to pension (wherever applicable) or subsistence allowance (wherever applicable)." The Court was hearing an Appeal filed by UCO Bank, which had initiated disciplinary proceedings against its employee, Mr Rajendra Shankar Shukla for dishonor of cheque. The bank had alleged that Mr Shukla had "failed to discharge his duties with utmost integrity and honesty". The Apex Court, however, agreed with the view taken by the High Court that in case a cheque issued by a bank employee is dishonored, action may be taken by the complainant under the provisions of the Negotiable Instruments Act, 1881. Such an act would not amount to a misconduct within the purview of the UCO Bank Officer Employees' (Conduct) Regulations, 1976, it ruled. It further noted that Mr. Shukla was denied pension as well as subsistence allowance during the pendency of the inquiry, which prevented him from effectively participating in the disciplinary inquiry. The Court then rapped the bank for filing the Appeal and imposed costs of Rs. 1 lakh on it, observing, "However, we must observe that the learned Single Judge had held against the Bank and the Division Bench also held against the Bank. Notwithstanding this, the Bank preferred this appeal. The appeal was preferred despite at least two decisions delivered by this Court making the legal position clear. The Bank would have been well-advised to follow the law laid down by this Court rather than unnecessarily litigate against an employee who has superannuated. We have no doubt that Shukla must have spent a considerable amount in litigation. Accordingly, while dismissing the appeal, we impose costs of Rs. 1 lakh which will be paid to Shukla within 4 weeks from today towards his legal expenses." Shanti Ranjan Behera Advocate

Dear sir, I have completed my degree while doing full time work in MNC company by adjusting timings.my doubt is whether that degree is legally acceptable or not.and I have joined in another company .can I submit that degree ?

A. dear client It's an otherwise grave issue but also depends on the provisions of your college/ university.

Hi.I worked in a company from 01-04-2017 to 06-08- 2018. For Financial year 2017-18 Company deducted TDS on my salary but didn't deposit it to the government, hence not issuing 'Form 16'. My 'Form 26 AS' also has no TDS credit for FY 17-18.I have pay slips as a proof that company had deducted TDS .At present I am not working in the company . so I want to know what is the legal remedy I have to recover from them so that I can file the IT return and I don't get demand notice from income tax department.

A. Dear Client, You need to know the following: TDS deducted but not deposited: As it may happen, your employer may have deducted the tax from your salary but has failed to deposit the same against your PAN with the government. ... However, the tax deducted during the year (as shown in the TDS certificate) must also reflect in the department's record in Form 26AS. What happens if TDS is not deposited by Employer? No demand on taxpayer if TDS deducted but not deposited by deductor. When your employer or any other deductor deducts TDS from your salary/income they must deposit it to the income tax department against your PAN. Hapless taxpayers write to Income Tax Department of Government of India asking what to do when TDS is deducted but not deposited by the employer. If TDS not reflected in 26AS As a result, TDS is not reflected in Form 26AS. This is a common scenario in banks where depositors do not provide their PAN and their TDS is deducted when the interest amount crosses Rs 10,000. In such cases you have to: Contact the deductor to file the TDS return if the deductor has not yet filed. After meeting the Income Tax Officer, just let me know the ourcome. Shanti Ranjan Behera,Advocate

Until first week of August 2018 I was working as a teacher in an organisation; I was given joining letter. In 2018, I was paid salaries for the month of January April and May this year but didn't get salary for the month of February March June and July & then I left in August due to irregular/unpaid salaries. How can I recover this due salaries of 4 months?As a proof I have my bank statement bearing the names of the months for which salary was paid and also I have the salary slips for those 4 months as a proof of my employment for those 4 months please give guidance

A. Dear Client, You can recover salaries. Send a Legal Notice through an Advocate. Get the Services of a good Advocate through Vidhikarya.com Shanti Ranjan Behera, Advocate

Industrial Laws Sir There is a workshop and have a power blacksmith hammer machine. It's located inside town and residential area. When they use power blacksmith hammer machine, we feel like earthquake and our house also diffected. I complained to SDM and EO but they didn't take any action, just give a n nootice to the workshop owner but he still using Machine. The machine is legal? If not legal can you tell me act against it. And want more information to stop the machine.

A. Dear Client, You can approach the Municipality to take immediate action. 2.You can also approach the Court of Law for solution through the www.Vidhikarya.com Shanti Ranjan Behera Advocate

Sir There is a workshop and have a power blacksmith hammer machine. It's located inside town and residential area. When they use power blacksmith hammer machine, we feel like earthquake and our house also diffected. I complained to SDM and EO but they didn't take any action, just give a notice to the workshop owner but he still using Machine. The machine is legal? If not legal can you tell me act against it. And want more information to stop the machine.

A. Dear Client, First file a FIR and next step would be to file a case in the court of law and in between start looking for permission from the Municipality/Municipal Corporation Environmental Clearance etc. Build a pressure group to support your cause.Definitely you will win but may take time. Shanti Ranjan Bhera Advocate

i worked in a industry i resigned and they haven't accepted my resign. i forgot to bring my dairy and bag. from company. so i had gone to my manager house. and asked him to return my dairy. he told me to take it from company. then i get into company without taking permission from guard. as my resign wasn't accpeted and took my dairy. now they are telling me they will case on me for going in company without permission .. can they do. it.

A. YOU HAVE NOT MENTIONED THE FULL FACTS OF THE CASE. ANY HOW CONTACT SOME ADVOCATE THROUGH VIDHIKARYA.COM

if correct, please share the law/clause stating that biodegradable plastic can be used in Maharashtra.

A. YOU HAVENOT MENTIONED THE FACT OF THE CASE. For details, contact some advocate contact some advocate through vidhikarya.com

My previous employer is not releasing my salary for notice period served and also my experience letter for not signing the estamp non disclosure agreement, which has the clause stating I can't join any competitor or clients for 3 years. This was introduced after my resignation was accepted and I was in notice period, it's a start up company or every organization with same profession is an competitors. Post my release I got an offer from one of the clients of my previous employer and I joined, through my fiance who works in there. Now the owner of the previous company is not at all ready to pay my dues and threatening he will file a case against me. Approached Labour Department on this issue, but no good came out of it. The response was it will take years together to clear this matter, as my salary doesn't come under 18k bracket, also he can file a case against me. It's not just me whom he has not paid salary also few of my other colleagues. I would really appreciate if you can guide or help in this situation.

A. SEND THE COMPANY LEGAL NOTICE THROUGH AN ADVOCATE AND TAKE FURTHER LEGAL ACTION

Dear Sir, Two employees left working place for two hours without information. We issued showcause. Received explanation. Explanation not found satisfactory. Now what action can be taken against them? Can we suspend them? Can we impose fines? Can we do warning? Request to have your kind advise please. Thanking You, Regards, mitesh. 9742906957.

A. dEAR SIR, YOU CAN DEUCT THE PROPORTIONATE WAGES, For details, contact some advocate contact some advocate through vidhikarya.com