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INDUSTRIAL DISPUTES ACT, 1947 - (Sections 25-B, 25-F - Retrenchment - Continuous Service - Whether retrenchment justified). - The Industrial Disputes Act, 1947

The appellant was engaged as casual labour in the agriculture department of the respondent in the year 1980 and worked till 1991 under different work-schemes. He completed 240 days in a calendar year during the years 1980 to 1982 and 1986 to 1989. It is alleged by respondents that after that he abandoned the work without information. The appellant raised industrial dispute and reference was decided in his favour and the respondents were directed to reinstate the appellant in service with seniority and continuity. However back wages were denied. Aggrieved by the Award the respondent filed writ petition in the High Court and Award was set aside. Aggrieved by this order the appellant filed Letters Patent Appeal which was dismissed which has resulted into filing of the present appeal.

The Court examined the issue whether the workman can be deemed to be in continuous service if he, during the period of twelve calendar months preceding the date of retrenchment has worked for not less than 240 days.

The Court held that the workman was deemed to be in continuous service for period of one year, if he, during the period of twelve calendar months preceding date of retrenchment had actually worked under employer for not less than 240 days. The appellant worked for twelve years under different work-schemes and completed 240 days in calendar only during seven years. The appellant worked only for 195 days in certain year and for 19.5 days in immediate preceding year of his dismissal which was below required 240 days of working in a period of 12 calendar months preceding date of dismissal. The appellant is not entitled to take benefit of provisions of Section 25-F of the Act. Division Bench of High Court was right in dismissing the appeal filed by the appellant. Appeal dismissed.

 - S.C. LLN (2) 2018 Mohd Ali v. State of Himachal Pradesh and Others. 

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