Sri Ganapathy Mills Company Ltd. vs Deputy Commissioner of Labour and Another

K.P. Sivasubramaniam, J.—The petitioner prays for a writ of certiorari to call for the records relating to the orders passed by the first

respondent, the Deputy Commissioner of Labour, Tirunelveli in PSA No. 1 of 1995, dated September 25, 1995, and quash the same.

The petitioner is a spinning mill. The second respondent was employed with the writ-petitioner and he was subjected to disciplinary proceedings

under charges of misconduct. Pursuant to the enquiry, final orders were passed on December 8, 1983 ordering that the period of suspension from

November 23, 1993 to December 8, 1993 will be treated as a substantive punishment. It was therefore consequently ordered that wages will not

be paid for the said period of suspension. However, the petitioner approached the first respondent claiming that he was entitled to the payment of

subsistance allowance during the relevant period.

The first respondent agreeing with the claim held that the employee was entitled to subsistance allowance during the said period. Hence the writ

petition.

Learned counsel for the petitioner after stating the facts, refers to the Standing Order 22(3) which is as follows:

A workman on a charge of misconduct supported by satisfactory evidence recorded at an enquiry held for the purpose be suspended for a period

not exceeding 30 days or dismissed, but the said workman shall not be entitled to any notice or compensation in lieu of the said notice.

The learned counsel contends that the said provision entitles the management to impose the period of suspension as a substantive punishment. In

the order of the management, it was made clear that the period during which the petitioner was spelled under suspension, viz., from November 23,

1993 to December 8, 1993, shall be treated as substantive punishment and that for the said period he will not be entitled to subsistence allowance

or any compensation. The learned counsel also relies on the judgment of the Supreme Court in Umesh Chandra Misra Vs. Union of India (UOI)

and Others, .

I have considered the submissions of the learned counsel for the petitioner as well as the respondent. A perusal of Standing Order 22(3) as

extracted above would show that the management is entitled to impose as a substantive punishment, the period of suspension itself. Therefore, the

said punishment is a codified punishment which the management is entitled to impose. That being so, the observation by the first respondent that

there was no prohibition for payment of subsistence allowance for the said period, is erroneous and cannot be sustained. When once it is accepted

that the period of suspension is imposed as substantive punishment, then there is no question of granting any subsistence allowance for the said

period. The contention of the learned counsel finds settled in the judgment of the Supreme Court as cited above. The Supreme Court has dealt

with the similar contention and held that the argument that the employee would be entitled at least to the subsistence allowance was misconceived

because the period was directed to be treated as suspension by way of punishment. The Supreme Court made it clear that it was not suspension

pending enquiry which alone can entitle the employee to the subsistence allowance. When suspension was also one of the punishments imposed on

the employee, he will not be entitled to any subsistence allowance during the said period.

With the result, the impugned order of the first respondent cannot be sustained. Writ petition is allowed.