the date of his termination, was primarily on him. But, in the case of a daily wager, who is neither given appointment letter nor attendance sheet, he has to depend upon the Management for keeping and maintaining the records and the Management is bound to produce the same before the Labour Court, when the same is summoned or the Court requires it for perusal. The Workman, therefore, had only one way for getting the records and that was by way of moving an application before the Labour Court for production of relevant records, which he did, as is evident from the applications dated 02.12.2002 and 01.12.2003 (Annexure-P-6 and Annexure-P-7 respectively) and the Labour Court allowed the same. The Management failed to produce the records and a justification was given by the Management for non production of the attendance register making the destruction as a base as per the Code of Public Works Department, which provide for such destruction of records. However, it was admitted during the cross examination that the cash register and receipts were available on the record. Management Witness, namely, Inderjeet Mahajan, SDO, UBDC, Sathiali, had gone further to state before the Labour Court that he had filed an affidavit Ex.M-1 on the basis of official record available with him, which was cash book/voucher and the payment register for the relevant period. The break-up of the period, for which the Workman had worked, was also given in the affidavit, which has been referred to above. But, during the cross-examination, this very witness had stated that he has only got the payment register from October, 1993 to December, 1993, which pertains to only three months. The assertion, which has been made
