Bihari Soni v. General Manager, State Bank of Bikaner & Jaipur, Jodhpur
2013-07-12
GOVIND MATHUR, V.K.MATHUR
body2013
DigiLaw.ai
JUDGMENT 1. - This special appeal is preferred to question correctness of the judgment dated 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 Section 25-B of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as 'the Act of 1947'). 2. 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. 3. 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 25-B of the Act of 1947. 4. The appeal, thus, is having no merit. Hence, dismissed.Appeal Dismissed. *******