Section 25B of IDA : Section 25B: Definition Of Continuous Service

Bare Act

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;

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 -

   1. 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 -

      1. one hundred and ninety days in the case of a workman employed below ground in a mine; and
      2. two hundred and forty days, in any other case;

   2. 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 -

      1. ninety-five days, in the case of a workman employed below ground in a mine; and
      2. 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 -

1. 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;
2. he has been on leave with full wages, earned in the previous year;
3. he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
4. 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.

Simplified Act

Simplified Explanation of Continuous Service

When we talk about "continuous service" in this part of the law, it means:

1. A worker is considered to be in "continuous service" if they have been working without a break for a certain time. This includes times when they couldn't work because they were sick, on approved leave, had an accident, or if there was a strike that wasn't against the law, a lock-out, or if work stopped for reasons not the worker's fault.

2. If a worker hasn't worked non-stop for one year or six months, they can still be seen as being in "continuous service" if:

   1. Over the last 12 months, they have worked at least:

      1. 190 days for miners working underground, or
      2. 240 days for all other workers.

      This counts as one year of continuous service.

   2. Over the last 6 months, they hav...

Explanation using Example

Example Application of Section 25B of The Industrial Disputes Act, 1947:

Imagine an employee named Ravi who works in a manufacturing plant. He has been working with the company for the past 10 months. During this time, Ravi took a 2-week leave due to a family emergency and was also absent for a few days due to illness. Additionally, the company faced a legal strike for 15 days, during which Ravi could not work.

When Ravi was laid off, he wanted to know if he was eligible for any severance benefits under the Industrial Disputes Act. To determine his eligibility, Ravi's continuous service needed to be calculated.

According to Section 25B:

• Ravi's service is considered uninterrupted despite the leave for sickness and the legal strike.
• Even though Ravi ...