Legal Question in Employment Law in India

Both me and my spouse are teaching faculty in one of the new IIMs. Since the institute campus will not be built for at least three years, the institute has leased a few 2 and 3 bedroom houses in a private colony. These houses (along with some furnishing and electrical gadgets) are being provided to the faculty as perks, basically to attract good faculty in a remote place like this.

Although initially, we were verbally told that each one of us is entitled to a furnished house, now the institute is providing us only one house on the ground that had we being operating in institute owned campus, we would be given only one quarter, and no HRA of both would have been deducted.

Our argument is, since this is a perk to attract faculties in a remote place and this is not owned by institute, both of us should receive individual houses. Else, one of us should get an HRA, which also the institute is denying us.

Please let me know if there is any flaw in our argument, and if we can be entitled to 2 houses or 1 house and 1 HRA?

Thanks


Asked on 3/08/13, 12:23 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.03.2013

Dear Sir / Madam,

(Chaukhandi, Udham Singh Nagar, Uttarakhand)

Your argument is totally justified.

You should be entitled to an house and your spouse should get the HRA since HRA is a component of the salary.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/08/13, 4:55 am
Vishwa Arya Arya & Co.

Sir, how would your wife be entitled to HRA since she is factually and physically staying with you in the flat alloted by the employer (be it may perk)

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Answered on 3/09/13, 5:22 am


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