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 w...

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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 "...

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 unde...