The Management Of M/S Sterling Hi-Tech ... vs Govt. Of Nct Of Delhi &Anr. on 10 May, 2011
14. I have in Radhey Lal Pradeep Kumar Vs. Sh. Shyam Lal
MANU/DE/1670/2010 held that if it were to be held as a general rule that
the challenge to reference on ground of the dispute being stale, should be by
impugning the order of the appropriate government of reference and the
employer would not be entitled to impugn the ultimate award on such
ground, even if a defence before the Industrial Adjudicator, for the reason of
having not challenged the order of reference, the same is likely to delay
considerably the adjudication by the Industrial Adjudicator. It was thus held
that such challenge can be made at the time of challenge to the award also. I
am similarly of the view that a challenge to the reference on the ground of
the territorial jurisdiction of the appropriate government as in this case is
also permissible at the time of challenge to the award and ought not to be
permitted to be raised by challenging the reference.