Definition of Continuous Service
Section 25-B. Definition of Continuous Service. - Section 25-B of the Act (The Industrial Dispute Act, 1947) defines continuous service. The definition of 'continuous service' as given in this section is applicable to this Chapter (VIII) only. A workman shall be said to be in continuous service for a period, if for that period his service is uninterrupted. It is also provided that any interruption on certain accounts shall not be considered an interruption and the service shall still be deemed to be continuous. These interruptions may be 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 workmen.
Sub-section (2) of section 25-B defines continuous service for a period of one year or a period of six months. Clause (a) of sub-section (2) provides that a workmen shall be deemed to have been in continuous service for a year, if -
- he has been in employed for 12 calendar months; and
- he actually worked for not less than -
- One hundred and ninety days in the case of a workman employed below ground in a mine, and
- Two hundred and forty days in any other case.
The following continuous must be fullfielld by a workman to entitle him for a continuous service of six months. As provided by clause (b) of sub-section (2) these conditions are :
- The workman has been in employment for a period of six calendar months; and
- Such workman has actually worked for not less -
- Ninety-five days in the case of his being employed below ground in a mine; and
- One hundred and twenty days in any other case.