What will happen when Lab Commissioner is silent in case of workman termination when conciliation has failed

Please advice me , what will happen when - In case of workman termination , conciliation has failed & after 45 days applicant went to directly in labour court , labour court also accept his application , trial is going on but after some times if anti party has opposes the applicant case saying that since no reference is till given by labour commissioner then what will happened
Can be reference is going on labour court continue in such situation
Please revert

Dear Birendra,

Perhaps the management was not aware of the amendment carried out to section 2-A of the IDA,1947 in 2010. A sub section (2) stands introduced into sec.2-A of the Act whereby the employee after the expiry 45 days from the date of filing his application u/s 2-A (1) before the Conciliation Officer, can directly approach the Labour Court u/s 2-A (2) without waiting for the Officer's report of conciliation failure.

So such an objection by the management would be certainly overruled by the Court.

Dear Sir ,

As i heared such a case was happened between Nabard UP and applicants were challenged in Allahabad High court and judgement was given by court in favour of applicant and that case was again going proceeding in CGIT
If you mention that case number i will be very grateful to you

Dear Birendra,

I have no idea about the case referred to by you. What the opinion I gave is only based on my own understanding of the amended provision of section 2-A of the IDA,1947 effective from 2010 onwards and I am not prepared to comment on the above case without going through the judgment. Misinterpretation is always the product of mistaken facts. Therefore, try to upload the judgment so as to enlighten the forum.

I just searched that case
Perhapes its number is
MISC /SINGLE/6610/2010 (Lucknow Bench ) of Allahabad High court