Gratuity - can we consider a year even if working days is less than 240 days or do we have to reduce that from total period?

Hi everyone, Greetings, I have one query, a person who is completed 7 years in the unit, but as per gratuity rule, the year will be considered when an employee completes atleast 240 days in a year, whereas, during the lockdown, en employee has not full fill this criterion.

SO can we consider a year even if working days is less than 240 days or do we have to reduce that from the total period...??

Thanks

Compulsory lock down imposed in the wake of the outbreak of COVID-19 was due to the operation of law. Therefore, absence of employees due to lock down has to be treated as lay-off with or without compensation only taking into consideration of the unprecedented misfortune both the employers and the employees were compelled to undergo and as such, those days of absence have to be treated as duty and be counted for the computation of 240 days service for the purpose of continuous service required for gratuity.