IN THE COURT OF SHRI SANJAY SHARMA :

PRESIDING OFFICER : LABOUR COURT-XIX (EAST) :

KARKARDOOMA COURTS : DELHI
LCA No. 53/2013
Budh Ram ................Workman
Vs
M/S Radhe Sham Ravi Prakash Timbers
..............Management
O R D E R
This order shall dispose of an application of the workman
seeking directions for the management to produce certain documents,
as mentioned in the application dt. 07.8.2010.
2. Management has contested the application by filing a
detailed reply wherein it has been stated that the present application
has been filed to delay the disposal of the LCA . It has further been
stated that the ledger accounts pertaining to the workman for the
period 01.4.2007 to 01.2.2008 have already been filed. It is further
stated that since those ledger accounts have been filed, there is no
necessity of filing the ledger or attendance register. Similarly, it has
been pleaded that the registration of the management under the Shops
& Establishment or under Factories Act is not necessary.
3. I have heard Ld. AR for the parties and have perused the
records.

4. It is a settled law that the workman can call upon the
management to produce documents in order to prove his case, i.e. the
documents which can prove relationship, salary or the length of
service, amount of salary paid etc. Such documents are always in
possession of the management and therefore, it is not possible for the
workman to produce them. The case of Automobile Association of
India Vs. PO Labour Court-II 2006 LLR 851 Delhi, may be
referred to in this regard wherein it was held that "Engagement and
appointment in service can be established directly by the existence and
production of an appointment letter, a written agreement or by
circumstantial evidence of incidental and ancillary records which would
be in the nature of attendance register, salary registers, leave records,
deposit of Provident Fund contribution and Employees' State Insurance
contributions etc. The same can be produced and proved by the
workman or he can call for and caused the same to be produced and by
calling for witnesses who are required to bring and prove these records.
The workman should make an appropriate application calling upon the
management to call such records in respect of his employment to be
produced. In these circumstances, if the management fails to produce
such records, an adverse inference is liable to be drawn against the
management and in favour of the workman". Hence, the application is
maintainable.
5. The management has already placed on record the ledger
accounts in respect of the workman from 01.4.2007 to 01.2.2008. The
contention of Ld. AR for workman that they are forged and fabricated
cannot be accepted at this stage and the truthfulness of the same shall
be ascertained at the trial. The workman has pleaded that he has
given 21 years of service and has calculated his retrenchment benefit
and notice pay. Hence, for that purpose he has called for the
appointment letter. In the present LCA , the workman has only
claimed his five months' wages and therefore, the appointment letter
is not required since the relationship has not been disputed by the
management.
6. The workman has claimed earned wages for 45 days from
September 2007 to 26.1.2008. In order to ascertain the actual working
days, the attendance register for the said period is required as also the
leave record and overtime register but only for the said period. In my
opinion , no other document is necessary for the just adjudication of
the present claim.
7. In view thereof, the management is directed to produce
the attendance register, leave record and overtime register for the
period September 2007 to January 2008.
Application stands disposed of accordingly.
ANNOUNCED IN OPEN COURT
ON 14
th
day of October 2013
(SANJAY SHARMA)
PRESIDING OFFICER LABOUR COURT-XIX
KARKARDOOMA COURTS, DELHI