Should paid holidays and weekly offs (such as Sundays) be counted while determining continuous service for workers under the Industrial Disputes Act, 1947?

​Under Section 25B of the Industrial Disputes Act, 1947, a workman is in continuous service if:

• They have uninterrupted service, including authorized leave, sickness, legal strikes, or lockouts.
• They have worked at least 240 days in a year (or 190 days for underground workers).

While the law explicitly includes paid leave, maternity leave, lay-offs, and accident-related absences, it does not mention weekly offs (Sundays) and paid holidays, leading to disputes.
Judicial Clarifications:

• Supreme Court (American Express Case, 1986): Paid holidays and Sundays must be counted since wages are paid for them.
• Rajasthan High Court (Lal Chand Jindal Case, 2025): Excluding them unfairly reduces service days, impacting workers' benefits. 

Conclusion:
Yes, paid holidays and weekly offs must be counted when determining continuous service. Courts have upheld that if wages are paid for these days, they are part of service.  ​

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