Industrial Disputes Act | Sundays And Other Paid Holidays Taken Into Account For Treating Continuous Service Of Workman: Rajasthan HC

Rajasthan High Court has set aside the order of the Central Industrial Tribunal (“CIT”) that did not taken into consideration Sundays and other paid holidays while calculating the service period of a Bank of Baroda employee.

The bench of Justice Anoop Kumar Dhand relied upon Section 25-B(2) of the Industrial Disputes Act, 1947, (the “Act”) as well as the Supreme Court decision in the case of Workmen of American Express International Banking Corporation vs. Management of American Express International Banking Corporation (the “Case”) in which it was held that Sundays and other paid holidays should be taken into account for treating continuous service of the workman.

The Court was hearing a petition against the order of the CIT in which the statement of claim filed by the petitioner-workman was rejected on the ground of his failure to prove that he worked for more than 240 days in the preceding calendar year.

It was the case of the petitioner that while counting the service period, the period of holidays i.e. Sundays and other holidays were not taken into account which was not in consonance with Section 25-B(2) of the Act as well as the Apex Court decision in the Case.

After hearing the contentions, the Court agreed with the arguments puts forth on behalf of the petitioner and held that the award passed by CIT was not sustainable in the eye of law.

Accordingly, the order was quashed, remitting the matter to CIT for fresh adjudication.

Title: Lal Chand Jindal v Regional Manager

Citation: 2025 LiveLaw (Raj) 117

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