Case Note & Summary
The Petitioner, Tanaji Genba Pawge, was registered with the Mumbai Vegetable Market Unprotected Workers Board (Respondent No.1) in May 1994 and appointed as Mukadam of Toli No.11B/1 in 2002. He was served with a show cause notice on 06/06/2018 and subsequently suspended by order dated 14/06/2018. The Petitioner requested payment of suspension allowance via letter dated 19/06/2018 and reminder on 31/07/2018, but the Board did not pay. A chargesheet was issued on 23/08/2018 and departmental proceedings were pending. The Petitioner filed a writ petition seeking direction for payment of suspension allowance. The Board contended that the inquiry was under Section 13 of the Mathadi Act and not Clause 34 of the Scheme, but the Court found that the suspension order itself referred to Clause 34. The Court held that the Petitioner is entitled to suspension allowance as per Clause 34 of the Scheme during the pendency of the domestic inquiry. The Court directed Respondent No.1 to pay the suspension allowance from the date of suspension and continue payment during the inquiry, and to complete the inquiry within six months.
Headnote
A) Labour Law - Suspension Allowance - Entitlement During Domestic Inquiry - Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, Clause 34 of Scheme - Petitioner, a Mukadam, was suspended pending departmental proceedings and sought suspension allowance - Court held that the Petitioner is entitled to suspension allowance as per Clause 34 of the Scheme during the pendency of the domestic inquiry - Respondent No.1 directed to pay suspension allowance from the date of suspension and continue payment during inquiry (Paras 2-6).
Issue of Consideration
Whether the Petitioner is entitled to payment of suspension allowance during pendency of domestic inquiry against him by the Respondent No.1 Board.
Final Decision
The Court directed Respondent No.1 to pay the Petitioner suspension allowance from the date of suspension i.e. 14/06/2018 and continue payment during the pendency of the domestic inquiry. The inquiry to be completed within six months.
Law Points
- Suspension allowance
- subsistence allowance
- domestic inquiry
- Mukadam
- Mathadi Act
- Clause 34 of Scheme
- entitlement during suspension
