According to Sandeep Bajaj, managing partner, PSL Advocates & Solicitors, a New Delhi based law firm, clause (1) of Section 2A of the Payment of Gratuity Act, 1972 defines 'continuous service' as uninterrupted service including service interrupted by sickness, accident, leave, absence from duty without leave etc. Moreover, the said Section lays out the situation wherein when an employee 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 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 any employee employed below the ground in a mine or in an establish-ment which works for less than six days in a week (5 days a week)
(ii) two hundred and forty days, in any other case (6 days a week).