Continuous Service - Law Dictionary Search Results
Home Dictionary Name: continuous serviceContinuous service
Continuous service, means uninterrupted service, and includes service which may be interrupted merely on account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a cessation of work which is not due to any fault on the part of the workman, and a workman, who during a period of twelve calendar months has actually worked in an industry for not less then two hundred and forty days shall be deemed to have completed one year of continuous service in the industry, Sri Ram Industrial Enterprises Ltd. v. Mahak Singh, (2007) 4 SCC 94....
Completed year of service
Completed year of service, means continuous service for one year. [Payment of Gratuity Act, 1972 (39 of 1972), s. 2]Mean continuous service for one year, Beed District Central Co-operative Bank Ltd. v. State of Maharashtra, 2006 (8) SCC 514....
seniority
seniority 1 : the quality or state of being senior 2 : the senior status attained by length of continuous service (as in a company) ;also : the length of such continuous service ...
Non-employment
Non-employment, word 'non-employment' would include retrenchment as well and a person whose services have been terminated or discharged albeit illegal cannot at all be said to be a person in service, much less in continuous service. The period of non-employment or the period after discharge cannot be counted for the purpose of giving continuity of service, State of Tamil Nadu v. Nellai Cotton Mills Ltd., (1990) 2 SCC 518 (523). [T.N. Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (46 of 1981), s. 3(2)] [S. 2(g), Trade Union Act]...
Continuity of service in the context of
Continuity of service in the context of, daily wager means the maintenance of the seniority of the workman amongst other daily wagers, State of Gujarat v. Thakore Hathaji Mohanji, 2006 (1) LLJ 998....
Master and servant
Master and servant, a relation whereby a person calls in the assistance of others, where his own skill and labour are not sufficient to carry out his own business or purpose. See LABOURERS.Servants are of several descriptions:- 1st Servants in husbandry. These are very generally hired by the year, as from Michaelmas to Michaelmas, and this is an entire hiring for a year; and, unless otherwise stipulated, no wages are payable until the end of the year. Consult Burn's Justice, tit. 'Servants.'2nd Servants in particular trades. These (who are now more frequently termed 'workmen,' their masters being termed 'employers') are subject to the control of the magistrates under the (English) Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90), and by the Truck Acts (see that title) their wages must be paid in coin.3rd Apprentices. These are placed with the master to learn his trade, with a view hereafter of following it themselves. See APPRENTICE.4th Menial or domestic servants. If no terms be ...
K.L.M. Principle
K.L.M. Principle, The expression 'K.L.M. Principle' came into existence in the Travancore-Cochin State by an order dated 27th September, 1950, and means that the relative seniority of the Travancore and Cochin personnel in any class or grade in the common seniority list will be determined with reference to the date of commencement of continuous service in the same or similar class of grade or posts subject, however, to the condition that the seniority of the Travancore personnel as between themselves or of the Cochin personnel as between themselves should not thereby be disturbed, C.P. Damodaran Nayar v. State of Kerala, AIR 1974 SC 1343 (1349). [States Reorganisation Act, (37 of 1956), s. 115]...
Year of allotment
Year of allotment, the year of allotment of an Officer appointed to the service after the commencement of these rules shall be: (b) Where the officer is appointed to the service by promotion in accordance with sub-rule (1) of Rule 8 of the Recruitment Rules, the year of allotment of the junior most among the officers recruited to the service in accordance with Rule 7 of these rules, who officiated continuously in a Senior Post from a date earlier than the date of commencement of such officiation by the former. Provided that the year of allotment of an officer appointed to the service in accordance with sub-rule (1), Rule 8 of the recruitment rules who started officiating continuously in a senior post from a date earlier than the date on which any of the Officers recruited to the service in accordance with Rule 7 of these rules, so started officiating, shall be determined ad hoc by the Central Government in consultation with the State Government concerned. Provided further that an offic...
Retrenchment
Retrenchment, in its ordinary connotation is discharge of labour as surplus though the business or work itself is continued, S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27.Means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (oo)]T...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
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