Section 2A(2) in THE PAYMENT OF GRATUITY ACT, 1972
(2)Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-(a)for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-(i)one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and(ii)two hundred and forty days, in any other case;(b)for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than-(i)ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and(ii)one hundred and twenty days, in any other case.][ Explanation .-For the purposes of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which-(i)he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment;(ii)he has been on leave with full wages, earned in the previous year;(iii)he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and(iv)in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed [such period as may be notified by the Central Government from time to time.]]
