Amendment status not verified — confirm the current text below against the official source.
Application of sections 25C to 25E.— (1) Sections 25C to 25E inclusive 2 [shall not apply to Industrial Establishments to which Chapter VB applies, or—] (a) to industrial establishments in which less than fifty workmen on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal character or in which work is performed only intermittently. (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final. 3[Explanation.—In this section and in sections 25C, 25D and 25E, “industrial establishment” means— (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); or (ii) a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952); or (iii)a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951).] 4[25B. Definition of continuous service.—For the purposes of this Chapter,— (1) 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 authorised 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; 1 Chapter VA (containing sections 25A, 25B, 25C, 25D, 23E, 25F, 25G, 25H, 25-1 and 25J) ins. by Act 43 of 1953, Section 3 (w.e.f. 24.10.1953). 2 Subs. by Act 32 of 1976, Section 2, for “shall not apply—” (w.e.f. 5.3.1976). 3 Subs. by Act 48 of 1954, Section 2, for Explanation (w.e.f. 1.4.1954). 4 Subs. by Act 36 of 1964, Section 13, for section 25B (w.e.f. 19.12.1964). The Industrial Disputes Act, 1947 (2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than— (i) one hundred and ninety days in the case of a workman employed below ground in a mine; and (ii) two hundred and forty days, in any other case; (b) for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than. (i) ninety-five days, in the case of workman employed below ground in a mine; and (ii) one hundred and twenty days, in any other case. Explanation.—For the purposes of clause (2), the number of days on which a workman has actually worked under an employer shall include the days on which— (i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Act or under any other law applicable to the industrial establishment; (ii) he has been on leave with full wages, earned in the previous years; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.] Case Law Absence when Legal If the strike is legal then cessation of work or refusal to continue work due to such strike would be “absence” authorised by law; U.P. State Bridge Corp. Ltd. v. U.P. Rajya S Nigam Sanyukt Karamchari Sangh, (2004) 4 SCC 268. The Industrial Disputes Act, 1947 Applicability Only cases not falling under sub-section (1) are covered by sub-section (2) of section KB; G. Yadi Reddy v. Brook Bond India Ltd., 1994 LLR 328 (AP) (DB). Concept of 240 days for continuous service A workman is deemed to be in continuous service for a period of one year, if he, during the period of twelve calendar months preceding the date of termination, has actually worked under the employer for not less than 240 days; Gram Panchayat v. Sharadkumar D. Acharya, 1994 LLR 470 (Guj) (DB). Section 25B(2) comprehends a situation where a workman is not in employment for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of 12 calendar months commencing and counting backwards from the relevant date i.e. the date of retrenchment. He would be deemed to be in continuous service for a period of one year for the purpose of section 25B and Chapter VA; Mohan Lal v. Sharat Electronics Ltd.. AIR 1981 SC 1253. Consideration of holidays In the computation of the period under sub-section (2) of section 25B, Sundays and holidays should be taken into account; G.Yadi Reddy v. Brook Bond India Ltd., 1994 LLR 328 (AP) (DB). 1[25C. Right of workmen laid-off for compensation.—Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent, of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off: Provided that if during any period of twelve months, a workman is so laid- off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer: Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first forty- 1 Subs. by Act 35 of 1965, Section 5, for the section 25C (w.e.f. 1.12.1965). The Industrial Disputes Act, 1947 five days of the lay-off and when he does so, any compensation paid to the workman for having been laid-off during the preceding twelve months may be set off against the compensation payable for retrenchment. Explanation.—”Badli workman” means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment.]