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TMI Blog1965 (3) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... ther the management of the colliery was justified in terminating the services of Jaldhar Singh with back wages. Jaldhar Singh was a 'badli' workman which means (as defined by the Standing Orders of the colliery) a person appointed in the post of a permanent employee or probationer who is temporarily absent. He worked as badli in the calendar years 1959 and 1960 in different capacities. His employment was, of course, not continuous and -there were six breaks of one day to a week in 1959 and eight breaks of one day to a week in 1960. However, he worked for more than 240 days in each calendar year though with these interruptions. In January 1961 the colliery terminated Jaldhar Singh's service without notice to him or payment of wag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nchment of workmen. No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until- (a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice: Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for the termination of service; (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of service or any part t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the industry. Explanation.-In computing the number of days on which a workman has actually worked in any industry, the days on which- (a) he has been laid off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946, or under this Act or under any other law applicable to the industrial establishment, the largest number of days during which he has been so laid-off being taken into account for the purposes of this clause, (b) he has been on leave with full wages, earned in the, previous year, and (c) in the case of a female, she has been on maternity leave; so however that the total period of such maternity leave shall not exceed twelve weeks, shall be included. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber. By s. 2(iii) of the amending Act of 1964 clause (eee) of the second section of the principal Act was omitted and by s. 13, for s. 25B in the principal Act the following was substituted: 25B. 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 authorized 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 he shall be deemed to be in continuous service under an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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