17 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.200/2002 Madan Lal Khatik Vs. Judge, Labour Court, Bhilwara & Anr. Date of Order :: 9th February 2010. HON'BLE THE CHIEF JUSTICE MR. JAGDISH BHALLA HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Sanjay Mathur, for the appellant. Mr.D.S.Rajvi, for the respondent. ..... BY THE COURT This appeal is directed against the judgment and order dated 28.01.2002 whereby the writ petition was dismissed on the ground that the petitioner failed to substantiate that he has worked for 240 days in a calendar year. The learned counsel for the appellant submits that since the respondents have not appeared before the Labour Court therefore he could not move the application for asking the respondents to produce the records. We are of the considered opinion that irrespective of the appearance of the other side, the application could have been moved praying for production of relevant record. The learned Labour Court had recorded finding of facts which have already been affirmed by the learned Single Judge; and the learned counsel for the appellant could not substantiate that the appellant had worked for 240 days in a calendar year. In light of the above, the appeals fails and is, therefore, dismissed. (DINESH MAHESHWARI),J. (JAGDISH BHALLA),CJ. s.soni