Uoi vs Raju Kumar Shah on 20 January, 2020
20. Regarding issue No.(4), i.e. as to whether the respondents fulfilled
the requirement of continuous service of 240 days, or more, in the period
of one year preceding their date of disengagement, the learned Tribunal
has initially placed reliance on the judgment of the Supreme court in
Viney Kumar Majoo v. State11, observing that the said decision held that
11 1968 SCC OnLine Raj 5
WP (C) 3495/2015 & other connected matters Page 12 of 71
the aforesaid period of one year furnished a unit of measure and if during
that unit of measure the period of service actually rendered by the
workman is 240 days, then he can be considered to have rendered one
year's continuous service for the purpose of the ID Act. Accordingly, the
learned Tribunal holds, it was required to examine whether the
respondents had, during the period of twelve months, immediately
preceding their days of disengagement, "actually worked" with, or for,
the petitioner for 240 days, or more.