Clarification on ID Act - Section 25 F
Dear Seniors, as per the ID Act - Section 25 F, is an employee who renders 240 days covered under the said section? Please clarify.
In cases of workers, we are calculating and paying salary on a 26-day basis. For staff, we are calculating and paying salary on a 28/30/31-day basis.
Question on Leave Inclusions
My question is, does this 240 days constitute:
- Weekly Off - Yes or No
- National Holiday - Yes or No
- Paid Leave - Yes or No
- Sick Leave - Yes or No
- Casual Leave - Yes or No
- ESI Leave - Yes or No
- Special Leave - Yes or No
- Maternity Leave - Yes or No
Thank you.
From India, Pune
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470Dear Seniors, as per the ID Act - Section 25 F, is an employee who renders 240 days covered under the said section? Please clarify.
In cases of workers, we are calculating and paying salary on a 26-day basis. For staff, we are calculating and paying salary on a 28/30/31-day basis.
Question on Leave Inclusions
My question is, does this 240 days constitute:
- Weekly Off - Yes or No
- National Holiday - Yes or No
- Paid Leave - Yes or No
- Sick Leave - Yes or No
- Casual Leave - Yes or No
- ESI Leave - Yes or No
- Special Leave - Yes or No
- Maternity Leave - Yes or No
Thank you.
From India, Pune
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Section 25F of the ID Act is applicable to workmen who have completed one year of continuous service. The definition of one year of continuous service can be found in Section 25B of the ID Act. The explanation provided in Section 25B clearly outlines which days should be considered in calculating the 240 days. By applying the provisions of the Explanation, you will arrive at the answer.
Regards
From India, Madras
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Regards
From India, Madras
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Dear Prashant, the explanation of Section 25-B clarifies that leave with full wages and maternity leave would count as 240 days of service. Therefore, all your queries are answered in the affirmative.
However, it is important to note that the count of 240 days applies only in cases of interrupted service. If the service is uninterrupted for a period of one year, then counting the 240 days would not be helpful. As a word of caution, it is always better to err on the side of caution. If there is a case for 240 days, it is preferable to pay all financial benefits considering it as 'retrenchment' for a full and final settlement, rather than litigating on this point for an extended period.
I hope this clarifies.
Regards,
KK
From India, Bhopal
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However, it is important to note that the count of 240 days applies only in cases of interrupted service. If the service is uninterrupted for a period of one year, then counting the 240 days would not be helpful. As a word of caution, it is always better to err on the side of caution. If there is a case for 240 days, it is preferable to pay all financial benefits considering it as 'retrenchment' for a full and final settlement, rather than litigating on this point for an extended period.
I hope this clarifies.
Regards,
KK
From India, Bhopal
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Dear Prashant,
The 240-day concept is very crucial and a widely debated topic.
Addressing Your Points
First, I will address your points one by one and then provide some important facts about this rule:
- Weekly Off - Yes or No: Yes
- National Holiday - Yes or No: Yes
- Paid Leave - Yes or No: Yes
- Sick Leave - Yes or No: Yes
- Casual Leave - Yes or No: Yes
- ESI Leave - Yes or No: Yes
- Special Leave - Yes or No: Yes
- Maternity Leave - Yes or No: Yes
Relevant Section and Case Law
Section 25B is the relevant section for this query, but the clarification of different queries will be found in different case laws.
In the case of G. Yadi Reddy v. Brook Bond India Ltd., 1994 LLR 328 (AP) (DB), the division bench of the Andhra Pradesh High Court decided that while calculating the 240-day period, the weekly off (generally Sunday) and holidays are to be taken into consideration. The rest is clearly covered under Section 25B.
Please note, Labour Legislation is a beneficial legislation, and while interpreting any section, we need to give the most liberal interpretation possible to that section.
Regards
From India, New Delhi
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The 240-day concept is very crucial and a widely debated topic.
Addressing Your Points
First, I will address your points one by one and then provide some important facts about this rule:
- Weekly Off - Yes or No: Yes
- National Holiday - Yes or No: Yes
- Paid Leave - Yes or No: Yes
- Sick Leave - Yes or No: Yes
- Casual Leave - Yes or No: Yes
- ESI Leave - Yes or No: Yes
- Special Leave - Yes or No: Yes
- Maternity Leave - Yes or No: Yes
Relevant Section and Case Law
Section 25B is the relevant section for this query, but the clarification of different queries will be found in different case laws.
In the case of G. Yadi Reddy v. Brook Bond India Ltd., 1994 LLR 328 (AP) (DB), the division bench of the Andhra Pradesh High Court decided that while calculating the 240-day period, the weekly off (generally Sunday) and holidays are to be taken into consideration. The rest is clearly covered under Section 25B.
Please note, Labour Legislation is a beneficial legislation, and while interpreting any section, we need to give the most liberal interpretation possible to that section.
Regards
From India, New Delhi
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240 days inclusive of weekly off, paid leave, national holidays, sick leave/CL, ESI leave/maternity leave, any period of layoff.
Regards,
R.L. Dhingra, Advocate
Labour Law Consultant
Delhi
[Phone Number Removed For Privacy Reasons]
Email: [Email Removed For Privacy Reasons]
From India, Delhi
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Regards,
R.L. Dhingra, Advocate
Labour Law Consultant
Delhi
[Phone Number Removed For Privacy Reasons]
Email: [Email Removed For Privacy Reasons]
From India, Delhi
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240 days Gratuity Act-Case Law.doc