1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION Nos. 614, 627, 633, 654, 655, 656, 657, 658, 659, 660, 661, 662, 733, 734, 735, 736, 737, 738, 739, 740, 741,742, 743, 744, 745, 746, 747, 748, 749, 750, 751,752, 753, 977, 1008, & 1009 OF 2010 Zonal Manager, the M.S. Co.op. Cotton Growers Marketing Federation Ltd. And another. -: VERSUS :- The Appellate Authority under payment of Gratuity Act and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 17, 2010. Heard Shri A.J. Thakkar and Shri S.M. Bhagde, learned Counsel for Petitioners, Shri Deshpande, learned Counsel for applicant in Writ Petition No. 660/2010 and learned A.G.Ps. for respondent Nos. 1 and 2 in all matters. The learned respective counsel for petitioners have argued that the amount of special allowance cannot be included as part of wages and the gratuity cannot be calculated on its strength. Reliance is being placed upon the definition of Wages as given in Section 2[s] of the Payment of Gratuity Act. 2 Learned A.G.Ps., appearing in respective matters, point out that this Court has already rejected similar Writ Petitions. They contend that the definition of wages includes special allowance which is uniformly payable. Shri Deshpande, learned Counsel has pointed out that in Writ Petition No.660/2010 notice has been issued to his client erroneously, though his client is not the legal heirs of deceased employee. In view of the orders being passed below, I, do not find it necessary to consider the grievance of Shri Deshpande, learned Counsel in present matter. The definition of Wages clearly show that the amount of bonus, Commission, H.R.A., over time wages, which are not applicable uniformly are only excluded from the definition of Wages. The word “any other allowance” used at the end and after these allowances, needs to be considered and understood similarly. Under Minimum Wages, special allowance is part of minimum wage payable and hence, the Authorities have rightly included the same and calculated the gratuity accordingly. No case is made out warranting interference in writ jurisdiction. Writ Petitions are therefore, rejected with no order as to costs. JUDGE Rgd.