The definition of Ex-Gratia payment in the instant case is not defined properly. It may please be noted that " Women employed in any establishment " are eligible for the payment of wages, during her leave period under Maternity Benefit Act 1961.
Usually Ex-Gratia is paid to Officers or employees in lieu of the Bonus.
As per Payment of Bonus Act 1965 Section 13-
Proportionate reduction in bonus in certain cases.—Where an employee has not worked for all the working days in an accounting year, the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than 8.33 per cent, of his salary or wage for the days he
has worked in that accounting year, shall be proportionately reduced.]
14. Computation of number of working days.—For the purposes of section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which--
(a) he has been laid off under an agreement or as permitted by standing
orders under the Industrial Employment (Standing Orders) Act, 1946
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wage, during the accounting year
In this case, the conditions for payment of Ex-gratia is not defined in the particular establishment, there fore it may not be correct to elaborate much.
How ever the the provisions of Laws related to status of leave-wages on maternity leave and the Bonus payable for the maternity leave period is cited for reference.
In Karnataka power Distribution/Transmission companies- Officers are paid Ex-gratia of 8.33% of the Pay subject to maximum of ceiling limit and even the women officers who have enjoyed the maternity leave are also being paid, since no special conditions are laid out for the payment of the benefit.