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Section 25B - Definition of continuous service : Industrial Disputes Act 1947

 

What is the Definition of continuous service? Section 25B of Industrial Disputes Act 1947

Section 25B of Industrial Disputes Act 1947 : "Definition of continuous service"

25B. 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 ;

(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 a workman employed below ground in a mine; and

(ii) one hundred and twenty days, in any other case.

Explanation: For the purpose 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 this Act or under any other law applicable to the industrial establishment;

(ii) he has been on leave with full wages, earned in the previous year;

(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.

 

INDUSTRIAL DISPUTES ACT 1947

Section 14 - Duties of Courts

Section 15 - Duties of Labour Courts, Tribunals and National Tribunals

Section 16 - Form of report or award

Section 17 - Publication of reports and awards

Section 17A - Commencement of the award

 

 

Section 17B - Payment of full wages to workman pending proceedings in higher courts

Section 18 - Persons on whom settlements and awards are binding

Section 19 - Period of operation of settlements and awards

Section 20 - Commencement and conclusion of proceedings

Section 21 - Certain matters to be kept confidential

 

 

CHAPTER V STRIKES AND LOCK-OUTS

Section 22 - Prohibition of strikes and lock-outs

Section 23 - General prohibition of strikes and lock-outs

Section 24 - Illegal strikes and lock-outs

Section 25 - Prohibition of financial aid to illegal strikes and lock-outs

CHAPTER V-A LAY-OFF AND RETRENCHMENT

Section 25A - Application of sections 25C to 25E

 

 

Section 25B - Definition of continuous service

Section 25C - Right of workmen laid off for compensation

Section 25D - Duty of an employer to maintain muster rolls of workmen

Section 25E - Workmen not entitled to compensation in certain cases

Section 25F - Conditions precedent to retrenchment of workmen

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