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RAJA BASU CHOWDHURY
Peerless Inn – Appellant
Versus
Central Provident Fund Commissioner – Respondent
JUDGMENT :
Raja Basu Chowdhury, J:
1. The present writ application has been filed, inter alia, challenging the order dated 23rd May, 2019 passed by the Assistant Provident Fund Commissioner, RO, Park Street Kolkata.
2. The original respondent no. 4 was appointed with the writ petitioner sometimes in or about 13th February 1993 in the maintenance department. While the original respondent no. 4 was in employment, a charge sheet-cum-order of suspension dated 12th December 2001 was issued alleging that the original respondent no. 4 along with other employees, who were either on duty or off duty had assembled in front of the main gate, walked through the lobby towards the office of the VP & GM (O), shouted slogans and pasted posters, both inside and outside the hotel lobby thereby defacing the entire walls. The above constituted major misconduct on the part of the original respondent no. 4 and the original respondent no. 4 was called upon to explain in writing why disciplinary action shall not be taken against him. The reply to the charge sheet having been found unsatisfactory, a regular disciplinary proceeding was initiated against the original respondent no. 4 along with other employees.
Payment made under Section 17-B of the I.D. Act does not constitute 'wages' for the purpose of provident fund contribution.
An employee acquitted in a criminal case is entitled to salary for the suspension period if no departmental proceedings are initiated, emphasizing the duty of the employer to reconsider suspension cl....
Co-operative society by-laws cannot restrict statutory rights to subsistence allowance for suspended employees under the Payment of Subsistence Allowance Act regardless of retirement status.
Failure to specify treatment of suspension period mandates recognition of the period as on-duty, entitling the employee to full salary.
Petitioner having participated in the proceedings and not contested the penalty order passed thereof, cannot now, at a much later point of time, challenge the charge sheet which resulted in the penal....
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