1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4899 OF 2009 (MSRTC and another ..vs. The Adl. Commissioner of Labour and another) -------------------------------------------------------------------------------------------------------------------------------------- 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 16, 2009 Heard. The contention is burden was upon respondent No.2 to show that he worked for 240 days in the year 1971, 1972 and 1973. It is stated that petitioner do not have any record of his work during that period. The entitlement of respondent No.2 to gratuity for subsequent period has been accepted. The stand is, accordingly gratuity has been paid. It is obvious that in these circumstances when the service of said respondent during the period in dispute has not been challenged, the burden was upon the petitioners to show that he did not complete 240 days during said period. 2 No case is made out warranting interference in the matter in writ jurisdiction. Writ Petition is, therefore, dismissed. No order as to costs JUDGE Diwale.