LINESH CHANDRAKANT SATOPE Vs. GOLDEN LIQUOR AGENCIES

JUDGEMENT

(1.) This Writ Petition has been preferred against the order passed by the Labour Court, Mumbai on October 8, 2010 in Application (IDA) No. 163/2009. By this order, the request for production of certain documents, which the petitioner had sought from the respondent-Company, has been disallowed. The petitioner has filed an application under Section 33C(2) of the Industrial Disputes Act, 1947, claiming the salary for the month of 2007, Travelling Allowance and Bonus for the year 2006-2007, Commission for the period April, 2004 to August, 2007 and Incentives for the period May, 2005 to June, 2005 and October, 2006, besides overtime. The documents which the petitioner sought were (i) Registration Certificate under the Bombay Shops and Establishments Act, 1948; (ii) Muster Roll cum Wage Register for the period from 1997 to 2007; (iii) Register of Employment for Leave Book; (iv) Register of Bonus; (v) Register showing the details of payments made towards incentives and commissions; and (vi) Partnership Deed registered with the Registrar of Partnership.

(2.) A reply was filed by the respondent-Company contending that these documents need not be produced because they are not relevant.

(3.) The Labour Court has disallowed the application. It has held that the burden of proof lies on the petitioner which he must discharge by leading cogent and convincing evidence. He cannot take the "assistance of his adversary" to prove his case, observed the Labour Court. The Labour Court has therefore concluded that making of an application for production of document was not permissible as it would amount to a fishing and roving enquiry.