sufficient opportunity was given to the appellant to produce the documents to substantiate his case before the Labour Court. We are not impressed with the said submission; for the reason that the claim petition filed in the year 2005 was finalized only on 16.12.2008, as observed by the learned single Judge. That apart, no such document was ever produced even before this Court along with the writ petition or in the present appeal. It is also relevant to note that the Labour Court had passed an order for producing the relevant documents, as noted in paragraph 10 of the order, despite which no documents were produced, but for filing an affidavit to the effect that the documents had already been destroyed. The documents of employment, particularly in connection with the payment of wages to the employees, are statutorily to be maintained and destruction of the said documents within a span of 3 years remains a matter of mystery. To say the least, the appellant has not discharged the burden to substantiate the case before the Labour Court, particularly with regard to the disputed question of fact. In so far as there is no dispute with regard to the applicability of the Minimum Wages Act, the notification as applicable to the establishment and also as to the
