IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2399/2010 Jaisingh Indersingh Thakur -vs- The Manager, M/s. J.S. Engineering & Contractor Pvt.Ltd. and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Adv. Shri Sonwane for petitioner. Adv. Shri Khamborkar for R-1 Adv. Shri Mohgaonkar for R-2. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 23, 2010. Matter was heard yesterday and adjourned to enable the petitioner to show facts enabling this Court to find out whether petitioner has put in overtime. Today again attention is invited only to application filed before Labour Court directing respondent-employer to produce documents and order passed upon it. Contention is adverse inference ought to have been drawn against employer for non producing those documents. It is apparent that when fact of overtime is not established, burden did not shift to employer at all and employer was therefore not required to enter witness box or to produce any documents. Even the examination-in-chief and cross of petitioner is sufficient to conclude that he has not put in overtime. The Labour Court has rightly appreciated the situation. No case is made out warranting any interference. Petition is therefore rejected. No costs. JUDGE Khunte