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Workmen Of American Express ... vs Management Of American Express ... on 28 August, 1985

21. So far as continuous service as defined under Section 25-B of the I.D. Act, in a recent Judgment dated 11.03.2025, this Court in W.P.(C) No.20644 of 2017 (The Management of M/s. Hare Krushna Mahatab Library, Bhubaneswar Vs. Prasanna Kumar Sethi), discussed the definition of continuous service as defined under section 25-B of the I.D. Act referring to the Judgments of the Supreme Court in Workman of American Express International Banking Corporation Vs. Management of American Express International Banking Corporation; (1985) 4 SCC 71, so also in U.P. Drugs & Pharmaceuticals Co. Ltd. Vs. Ramnuj Yadav and others; (2003) 8 SCC 334 and held that uninterrupted working for 240 days in the preceding twelve months from the date of termination of service is not necessary to constitute „continuous service‟. Even though a Workman has not worked for more than 240 days during the preceding twelve months of his retrenchment/termination, if he has worked for more than 240 days in any of the preceding years, he would be deemed to be in continuous service and his retrenchment would be illegal, if the same has not been done by the employer without adhering to the provisions of the I.D. Act.
Supreme Court of India Cites 16 - Cited by 292 - O C Reddy - Full Document
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