Dear Seniors,
As per ID Act - Section 25 F - employee rendering 240 days is covered under the said Section?
So please clarify
In cases of workers we are calulating & paying salary on 26 days basis.
In cases of Staff we are calulating & paying salary on 28/30/31 days basis.
So my question is, " Is this 240 days Constitute
Weekly Off - Yes or No,
National Holiday - Yes or No
Paid Leave - Yes or No
Sick Leave - Yes or No
Casual Leave - Yes or No
ESI Leave - Yes or No
Special Leave - Yes or No
Maternity Leave - Yes or No
From India, Pune
467As per ID Act - Section 25 F - employee rendering 240 days is covered under the said Section?
So please clarify
In cases of workers we are calulating & paying salary on 26 days basis.
In cases of Staff we are calulating & paying salary on 28/30/31 days basis.
So my question is, " Is this 240 days Constitute
Weekly Off - Yes or No,
National Holiday - Yes or No
Paid Leave - Yes or No
Sick Leave - Yes or No
Casual Leave - Yes or No
ESI Leave - Yes or No
Special Leave - Yes or No
Maternity Leave - Yes or No
From India, Pune
Dear Mr.Prashant B Ingawale
Section 25 F of the ID Act is applicable to workmen who have put in one year of continuous service. What is meant by one year of continuous service is defined in section 25 B of the ID Act. The explanation to section 25 B clearly states what days should be included in calculating 240 days. Apply the provisions of the Explanation and you will get the answer.
With regards
From India, Madras
Section 25 F of the ID Act is applicable to workmen who have put in one year of continuous service. What is meant by one year of continuous service is defined in section 25 B of the ID Act. The explanation to section 25 B clearly states what days should be included in calculating 240 days. Apply the provisions of the Explanation and you will get the answer.
With regards
From India, Madras
Dear Prashant: The explanation to Section 25-B clarifies that the leave with full wages & maternity leave would count in 240 days service. Hence all your queries are answered in the affirmative.
But the point to be noted is that the count of 240 days would come only in case of interrupted service. But if it is uninterrupted for a period of one year then counting the 240 days would not be of any help. A sound of caution, it is always better to err on the right side, so if there is a case for 240 days, it is better to pay all financial benefit reckoning it as 'retrenchment' as full and final settlement and close the matter rather litigate on this point for long. Hope this clarifies. KK
From India, Bhopal
But the point to be noted is that the count of 240 days would come only in case of interrupted service. But if it is uninterrupted for a period of one year then counting the 240 days would not be of any help. A sound of caution, it is always better to err on the right side, so if there is a case for 240 days, it is better to pay all financial benefit reckoning it as 'retrenchment' as full and final settlement and close the matter rather litigate on this point for long. Hope this clarifies. KK
From India, Bhopal
Dear Prashant,
240 days concept is very crucial and very widely debated topic.
first i will take you points one by one and then will put some of the important facts about this rule.
Weekly Off - Yes or No, Yes
National Holiday - Yes or No Yes
Paid Leave - Yes or No Yes
Sick Leave - Yes or No Yes
Casual Leave - Yes or No Yes
ESI Leave - Yes or No Yes
Special Leave - Yes or No Yes
Maternity Leave - Yes or No Yes
Section 25B is relevant Section for this query but the clarification of different queries will be found in different case laws.
G.Yadi Reddy v. Brook Bond India Ltd., 1994 LLR 328 (AP) (DB)
In this case the division bench of Andhra Pradesh High court Decided that while calculating the 240 days period the weekly off (Generally Sunday) and holidays are to be taken into consideration
rest is clearly covered under Section 25B.
Please note Labour Legislation is a beneficial Legislation and while interpreting any section we need to give a most liberal interpretation possible to any section.
From India, New Delhi
240 days concept is very crucial and very widely debated topic.
first i will take you points one by one and then will put some of the important facts about this rule.
Weekly Off - Yes or No, Yes
National Holiday - Yes or No Yes
Paid Leave - Yes or No Yes
Sick Leave - Yes or No Yes
Casual Leave - Yes or No Yes
ESI Leave - Yes or No Yes
Special Leave - Yes or No Yes
Maternity Leave - Yes or No Yes
Section 25B is relevant Section for this query but the clarification of different queries will be found in different case laws.
G.Yadi Reddy v. Brook Bond India Ltd., 1994 LLR 328 (AP) (DB)
In this case the division bench of Andhra Pradesh High court Decided that while calculating the 240 days period the weekly off (Generally Sunday) and holidays are to be taken into consideration
rest is clearly covered under Section 25B.
Please note Labour Legislation is a beneficial Legislation and while interpreting any section we need to give a most liberal interpretation possible to any section.
From India, New Delhi
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