1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3813/2009 (Mah. State Co-op. Cotton Growers ..vs.. Kaushalyabai Deshmukh and others) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 07, 2009 Heard Advocate Mr. C.V.Kale with Advocate Shri Bhise for petitioner. His Contention is, as employee did not complete 75% of attendance in all 27 seasons, she could not have been awarded gratuity for 27 seasons and gratuity could not have been allowed on special allowances. The competent authority as also the appellate authority have considered the contention and have rejected it. It is to be noted that before the competent authority, no records were produced to show that in 12 seasons, the employee was not present for 75% of the working days. Learned counsel contends that by seeking review, those records were produced. However, the petition as also the order in appeal and memo of appeal does not substantiate this argument. It is, therefore, apparent that due opportunity was given to the petitioner in this regard and petitioner could not utilize it. 2 Petitioner has not demonstrated by any material on record before lower authorities that special allowance paid to daily wager or seasonal employee, is not part of his minimum wages or salary. In the circumstances, no case is made out warranting interference in the matter in writ jurisdiction. Writ Petition is dismissed. No costs. JUDGE Diwale.