CW 260/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.260/2010 Alwar Zila Dughd Utpadak Sahkari Sangh Ltd Versus Raj. Rajya Dugdh Utpadak Sahkari Samityan Secretary Sangh Jaipur & Ors. Date of Order : 11/01/10 Hon'ble Mr. Justice Ajay Rastogi Mr. GK Garg, for petitioner Instant petition has been filed by one of the Unions which is defendant before Labour Court, Alwar in LCR-30/2008. Respondent-1 raised industrial dispute of which Reference was made by appropriate Government, quoted in English translation by petitioner in para 3 of the writ petition. The petitioner filed written statement. It appears that application was thereafter filed by the present petitioner U/s 2A of ID Act for summoning certain documents which according to them are in possession of the Union on whose behest, Reference was made by appropriate Govt. After examining nature of documents being demanded by petitioner which were allegedly to be in possession of the Union, learned Labour Court did not consider it proper at this stage, for which reasons have been assigned while rejecting the application vide order impugned dt.25/11/09. CW 260/10 //2// Counsel submits that in absence of documents being demanded by petitioner to be summoned from the possession of the Union, and if not placed on record, their rights will be seriously prejudiced. Counsel further submits that petitioners raise preliminary objection in their written statement that what has been referred by appropriate Government is not an industrial dispute within the scope of the provisions of ID Act and the Labour Court has no jurisdiction to examine the Reference looking to the fact that there was a long litigation having been earlier made at the behest of plaintiff Union and no industrial dispute exists under Reference made by appropriate Government for adjudication. In the opinion of this Court, submission made by Counsel is of no substance for the reason that as regards preliminary objection about Reference made by appropriate Government beyond scope of ID Act, nothing has been observed under order impugned herein; as such it would not be proper for this Court to express any opinion at this stage, inasmuch as Reference is still pending adjudication before Labour Court. As regards, rejection of their application under order impugned, for summoning CW 260/10 //3// certain documents, suffice it to say that those documents as demanded by petitioner, as alleged to be in possession of plaintiff Union, on whose behest Reference was made, are not placed on record, learned Labour Court can certainly draw reasonable inference. However, in the opinion of this Court, there is no manifest error being committed while rejecting application dt.31/08/09 vide order impugned. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p3/ 260CW2010Jn11-Ds.doc