Punjab and Haryana High Court in Bhajan Singh vs. PRTC CWP 13281/2017, while responding to the question as to whether a notional break of 1 (one) day between the employee’s temporary service and regular service can be read to the peril of the employee to reject his claim for counting of the temporary service period for the purpose of pensionary benefits, observed that law with respect to notional breaks at the instance of the employer is well settled and has been repeatedly deprecated as unfair practice at the hands of the employer. The Court in the instant case noted that the employee was working as a daily wager with the employer and thus, was not in a position to avoid such breaks and there is no allegation that the said notional breaks was owning to the fact that the employee was not willing to work. In these circumstances, the employee is held to have continuously worked and is held to be entitled for counting of the said period towards the terminal benefits.
Also read: Criminal proceedings not sustainable against VP-HR for not depositing PF contributions: Karnataka HC
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