Section 2A(2)(b) in THE PAYMENT OF GRATUITY ACT, 1972
(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.]