To find out 240 days of service in any preceding year, Sundays should be taken into consideration while calculating total number of working days

The bone of contention of the employer, in this case, is that in any preceding year the employee did not complete 240 days, hence the order of reinstatement in favour of the employee is not proper.

An employee working on the post of Typist as a daily wager. As per the Rig-register record employee worked for 233 days in the year 1992 and 237 in the next year.

Bombay High Court held that Sundays should be taken into consideration while calculating the total number of working days. There are at least 48 Sundays each year. Therefore, the working days of an employee, if coupled with Sunday's, is almost 240 days in a year. The High Court further held that, admittedly, no notice was issued to the employee before terminating his services. In that view of the matter, the Labour Court was right in setting aside the termination order and directing the employee to be reinstated.

Appearing counsels: Shri Indraneel J. Damle, Shri N.R.Saboo