What Happens if a Labor Court Case Proceeds Without a Commissioner's Reference?

Please advise me on what will happen when, in the case of a workman's termination, conciliation has failed, and after 45 days, the applicant went directly to the labor court. The labor court also accepted his application, and the trial is ongoing. But after some time, if the opposing party opposes the applicant's case, stating that since no reference has been given by the labor commissioner, what will happen? Can the reference process in the labor court continue in such a 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 subsection (2) was introduced into sec. 2-A of the Act whereby the employee, after the expiry of 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 certainly be overruled by the Court.