Compensatory holidays granted for work on off-days cannot be counted as "actual work" for calculating 240 days.

The petitioners were appointed as ‘Badli’ workers (substitutes for regular employees) at the Delhi Milk Scheme (Respondent No. 2) during the year 1999

Their employment was governed by Certified Standing Orders, which mandated that a ‘Badli’ worker who "actually worked" for at least 240 days in a 12-month period be transferred to the regular establishment

The petitioners claimed they met this threshold by counting weekly holidays, national holidays, and—crucially—compensatory holidays granted in lieu of working on Sundays

The Central Administrative Tribunal (CAT) dismissed their claim, ruling that compensatory holidays cannot be added to the count if the worker was already paid for working on the original holiday

The petitioners challenged this dismissal via a writ petition under Article 226

1. Whether compensatory holidays granted under Section 53 of the Factories Act, 1948, should be counted as "actual working days" for the purpose of calculating the 240-day threshold for regularization

2. Whether a worker can simultaneously claim the benefit of both weekly holidays (Section 52) and compensatory holidays (Section 53) in the computation of working days

Proviso to Para 4 (iii) of the Certified Standing Orders, which requires a worker to have "actually worked" for 240 days

Sections 52 and 53 of the Factories Act, 1948, which govern weekly holidays and compensatory holidays respectively

Rule 77 and Form 9 of the Delhi Factory Rules, 1950, which provide the mechanism for recording such holidays

Precedent in UOI & Anr. v. Shishpal & Ors. (W.P.(C) 77/2007), which established that while weekly offs and national holidays are counted, a worker cannot receive a "double benefit" by counting both the day they worked (for which they were paid) and the compensatory holiday given in its place as extra working days

The court reasoned that the use of the word "actually" in the Standing Orders specifically excludes non-working days like compensatory holidays from the computation

It noted that Section 52 ensures a weekly day of rest, and Section 53 provides a substitute holiday only if a worker is deprived of that rest

The court found that if a petitioner worked on a Sunday and received both wages for that day and a compensatory holiday later, counting both as "working days" would constitute an impermissible double benefit

The court clarified that the purpose of Form 9 under the Delhi Factory Rules is merely a recording mechanism for compliance and does not redefine the calculation of "working days" for regularization

Therefore, the correct computation includes only actual working days, weekly offs, and national holidays

The court upheld the CAT's order, finding that the Delhi Milk Scheme had calculated the days correctly and that the petitioners failed to meet the 240-day requirement

The writ petition was dismissed