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2004 Supreme(P&H) 933

V.K.BALI, K.S.GAREWAL
Sunder Dass – Appellant
Versus
Punjab State Electricity Board – Respondent


Judgment

V.K.Bali, J.

1. Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) enjoins that no workman employed in any industry who has been in continuous service for nor less than one year under an employer shall be retrenched by that employer until the workman has been given one months notice in writing or has been paid in lieu of such period, wages for the period of the notice. By virtue of the provisions contained in Section 25-B of the Act, the period of one year when a workman shall be deemed to be in continuous service, would be during the period of 12 calendar months preceding the date with reference to which calculation has to be made, has actually worked under the employer for not less than 240 days. The only question in the present appeal filed under Clause X of the Letters Patent against the judgment of learned single Judge dated 20.8.1996 recorded in Civil Writ Petition No. 15541 of 1994 would be as to whether while calculating the period of 240 days, a workman is entitled to include in it the Sundays and other holidays, though he has not been paid for the said days being a daily wager.

2. The facts, on which the question as framed above













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