M/S. JEEWANLAL (1929) LTD., CALCUTTA vs ITS WORKMEN

The Supreme Court interpreted 'continuous service' under the Industrial Disputes Act, 1947, emphasizing that it is a question of fact dependent on the circumstances of each case. The Court held that an employee's unauthorized absence does not automatically break continuity of service, and mere participation in an illegal strike does not constitute a breach. The appeal was allowed, affirming the right of the employee to claim gratuity despite the absence, as long as the relationship of master and servant was not formally terminated.