Bihari Soni vs General Manager,State Bank of Bikaner and Jaipur

Govind Mathur, J.—This special appeal is preferred to question correctness of the judgment dt. 08.04.2008 passed in S.B. Civil Writ Petition No. 2141/1995. Learned Single Judge after examining all relevant facts of the case arrived at the conclusion that the appellant-petitioner workman was not in continuous service of the employer as defined under Sec. 25-B of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as ''the Act of 1947''). The only submission of the appellant is that the learned Single Judge erred by not taking into consideration 38 weekly offs while computing 240 days'' continuous service.

We do not find any merit in the argument advanced. It is the position admitted that the weekly offs allowed to the workman were not paid and as per Section 25-B, only the paid holidays could have been taken into consideration for determination of continuous service under sub-Section (2) of Section 25B of the Act of 1947. The appeal, thus, is having no merit. Hence, dismissed.