Explanation. — For the purposes of clause (2), the number of days on which an employee has actually worked un… — THE PAYMENT OF GRATUITY ACT, 1972

[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 —

1 [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 2 [such period as may be notified by the Central Government from time to time];] (3) where 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 for such period if he has actually worked for not less than seventy-five per cent. of the number of days on which the establishment was in operation during such period.]

Section 1