1 S.B. CIVIL WRIT PETITION NO.543/2008 Umed Club, Jodhpur. vs. Judge, Labour Court, Jodhpur and anr. Date : 24.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.S Shah, for the petitioner. - - - - - Heard learned counsel for the petitioner. The petitioner is aggrieved against the order dated 30.8.2007 passed by the Labour Court, Jodhpur whereby the Labour Court, at the time of final stage, directed the petitioner employer to produce relevant record of the year 2002-2003 on the ground that none of the parties could produce the documentary evidence and the employer is in possession of best evidence. Learned counsel for the petitioner submitted that at that belated stage and to fill up the lacunae of the case of the non-petitioner, the order has been passed. It is also submitted that no evidence was submitted by the employee. It is also submitted that the employee was represneted 2 by lawyer and the Labour Court drew the inference that the labour was not represented by the lawyer. Since the Labour Court found that the record of the year 2002-2003 was in possession the employer and that is relevant, and if the Labour Court deemed it proper to summon the record, I do not find any reason to interfere in such an order, may be the documents have been summoned at the belated stage and it may also be true that the documents if produced may be in support of the claim of the employee but the Court has right to get the evidence produced from either of the party. In view of the above, I do not find any reason to interfere in the impugned order by invoking jurisdiction under Article 226 of the Constitution of India. The writ petition, having not merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya