They can't deduct the same. You can complaint to the labour commissioner about the same or file writ petition for direction
House rent allowance
I was getting HRA in Bastacolla Area , BCCL a subsidiary of Coal India ltd as no company accommodation there and residing in own house. I transferred to different Area for 10 months (from August 15 to June 16)and returned back same Bastacolla Area . I did not get accomodation there and use to get salary from Bastacolla Area and residing in own house and use to get HRA till 2017 March. Now finance Dpt without any competent approval planning to deduct this HRA on the ground that u have to take fresh approval after return back again when returned to Bastacolla Area. My point is Q 1. Cost centre is same as last pay certificate not issued at that time and so many persons are getting HRA till cost centre is same . 2 I use to remain in same house as no company accommodation was allotted there and here 3. No competent person approval they asked before deducting the HRA paid by finance Dpt. Kindly give legal advice .
Asked 6 years ago in Labour
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7 Answers
You had been transferred and so they must be thinking that you resided elsewhere. Give a representation to the authorities explaining the true situation. If they still deduct the hra then move tge appropriate forum/tribunal.
Regards
Deduction is without authority. HRA is special allowance - part of employee salary and can be deducted only if accommodation provided by dept.
HRA is payable by an organization only when the organization did not provide any accommodation. If the organization provides the accommodation, but the employee refuses to take up the accommodation for whatsoever reason, then the organization is not liable to pay the HRA.
The organization cannot deduct HRA without providing accommodation.
You can complaint to labour commissioner regarding deduction of HRA
First you give a representation in writing to the competent authorities expressing your grievances in this regard, through proper channel.
Let them give a reply citing the relevant law or rule which is applicable for such deductions, you may interpret the same in the manner it was framed and approach CAT for relief or high court with a writ petition seeking an order of stay against this decision as well as for recovery of the deducted amount.
- As per the information mentioned in the present query, makes it clear that your case is the classic example of discrimination and against the principle of natural justice.
- They should have acted in accordance with law, but not otherwise.
- You should give a reply to them stating the correct position of law.
- It is not always that you need to get the permission when only shifted in the same vicinity.
