S.25-F IDA, 240 days - in the preceding year OR in any year/s during service tenure ??
1) A workman who has put in more than 240 days during first five years of his service BUT has worked for less than 240 days during in the 6th and 7th year due to his absenteeism. [Exemption u/s 25B(2)(b)Explanation i,ii,iii and iv is not attracted]{no disciplinary action against absenteeism has been taken}
Thus he has worked for less than 240 days during the year(s) preceding to his termination.
Whether the employer can straight way terminate his services? Or the protection provided by Sec.25-F of Industrial Disputes Act is available to the workman and the employer has to pay Retrenchment Compensation, Notice Pay etc.and observe procedure u/s 25-F.
2) In case, payment of R.C. is obligatory, whether to be paid only for the years in which he has served for more than 240 days or for all seven years ?
Please refer Bombay H.C. and Supreme Court Judgements, if any, on this point.
