Parties Name vs Sanjay Rana And Another on 3 December, 2010
The appellant came to this Court to impugn the above order. It
is case of the appellant that Sundays, Saturdays and holidays on which
wages were not paid to the workman should not have been included in
calculating the requisite period of 240 actual working days to give him
benefit under the provisions of Section 25-F of the Act. At the time of final
hearing, one of us (Justice K.Kannan) noticed that in the case of Sunder
Dass v. Punjab State Electricity Board , Patiala, and others, 2005 (II)
L.LJ. 128, a Division Bench of this Court observed that for a workman, ( a
daily wager), who was not paid for Sundays and other holidays either under
an express or implied contract of service or by compulsion of a Statute,
CIVIL WRIT PETITION NO. 15278 OF 2000
standing orders etc.(i.e. when there was no obligation on the part of the
employer to pay wages for the days workman had not worked), those days
could not be counted in 240 actual working days, to get benefit under
Section 25-F of the Act.