Payment of Gratuity Act, 1972

Section: 2A: Continuous service.

(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.

 You may do the calculations on your own in compliance to the Act.

Sir,Thanks for reply. but the organisation is not a seasonal establishment. It is construction company where due  rainfall conditions labours are not able to work.In that case also the calculations will be same as in seasonal establishments?????

Section: 2A: Continuous service:

For the purposes of this Act, -

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service............................................. or cessation of work not due to any fault of the employee,..........................

You have yourself agreed that  Employer's establishment is not seasonal establishment.

The employee is not at fault.

well elaborated by Mr Kumar Doab