Step 1: Understand the concept of "Continuous Service".
In labour law, the concept of continuous service is crucial for determining a worker's eligibility for benefits like retrenchment compensation, gratuity, and lay-off compensation.
Step 2: Identify the relevant legal provision.
Section 25B of the Industrial Disputes Act, 1947, defines what constitutes "continuous service.
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Step 3: State the rule from the Act.
Section 25B(2) creates a legal fiction.
It states that a workman shall be deemed to be in continuous service for a period of one year if they have actually worked under an employer for not less than two hundred and forty days during a period of twelve calendar months preceding the date with reference to which the calculation is to be made.
The rule for a workman employed below ground in a mine is 190 days.
Since the question is general, the standard of 240 days applies.