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HC Orders Payment To Suspended Air India Employee: Know The Rights Of Suspended Employees

Delhi High Court instructed Air India to pay the entitled wages to the suspended pilot, who has been suspended since August 2016 and did not receive any salary since January 2017. The pilot approached the court claiming his entitled portion of salary which he should get during his suspension period. Let us know about the rights of the suspended employees of a government organization or government-owned organization.
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Air India gets directed by Delhi High Court to release the salary of the suspended after being tested positive for alleged alcohol consumption before and after flights on two occasions. The pilot’s salary was totally withdrawn since January 2017, and the court was of opinion that he must have something to sustain, so the salary must be released. The counsel of the pilot argued that though the flying license was sustained, he had not been terminated from his job. Thus, he is entitled to get the salary.

The flying license was sustained in August 2017, and he stopped receiving salary since January 2017. It was alleged by the pilot that beside non-payment of the flying allowance, the procedure for carrying out breathalyzer test was not proper. He claimed that between two tests, a controlled test has to be conducted, which was not done, rather it was carried out after the second BA test. The counsel also informed that the pilot was suspended for three months on charges of alcohol consumption, an FIR was lodged but the police filed a closure report discharging him from the charges.

The suspended employee at the period of suspension, are entitled to certain rights:

  • On being suspended, the employee shall get 50% of his actual salary throughout the suspension period.
  • He has to represent his side of the case before the investigation committee
  • His suspension can be revoked any time, and he can resume working
  • On being proven innocent, he shall get rest 50% of the salary which was suspended at the time of suspension period.
  • The suspensions are time-bound, if the employee chooses to remain silent, he can resume his services after completion of the suspension period.

To know more about your employee rights, consult the employment lawyers through MyAdvo, download MyAdvo App on your phone.

 

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Reviewed by:
Rashmita Das
Published on 11-Apr-2018
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