Labour Law & Hr Consultant

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As per I. D. Act-1947:
25B. Definition of continuous service — A workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorized leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman;
25F. Conditions precedent to retrenchment of workmen—No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until— the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;
Our Problem is that:
Any Worker, if does not complete 240 days in 12 months (From the Date of Joining) but he completes it in 14 Months or 16 month whatever may be, will he get Notice Pay of 26 Days.
(Note:He has not given one month’s notice in writing).
Please suggest.

From India, undefined
240 days are calculated in "any period of 12 months". Therefore, if in any period of 12 months, the employee has completed 240 days, then in accordance with Industrial Disputes Act 1947, he is entitled to retrenchment compensation and notice pay.
- Shobhit Kumar Mittal
Labour Law Advisor
8077779793, 9319956443

From India, Faridabad
Dear Santosh,
I think that your interpretation seems dominated by the dictionary clause embodied in section 25-B(1) of the ID Act,1947.
If the case of continuous service of any particular workman fails to fit in sub-section(1)of sec.25-B, please move on to the next sub-section. Here, the effective date is not the date of appointment but only the date of retrenchment and the counting of 240 days has to be backwards only. In such a situation, no doubt, he would have automatically completed 240 days in the preceding 12 calendar months period as stipulated u/s 25-B(2)(a) and would be entitled to notice and retrenchment compensation.

From India, Salem
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