MUNICIPAL CORPORATION OF DELHI Vs. MAHAVIR

JUDGEMENT

(1.) An award was passed on 19.4.1998 by the Presiding Officer, Labour Court. After more than two years the petitioner authority woke up to challenge this award.

(2.) In the petition it is contended that there was no authority to make the reference as was made by the Govt. of NCT of Delhi and thus the impugned award is itself a nullity. This plea has been so raised for the first time as undoubtedly the petition suffers from culpable delays and laches and on issue of merits otherwise the petition would not have been entitled to any relief under Article 226 of the Constitution of India.

(3.) Learned Counsel for the petitioner contends that it is only vide the letter dated 31.7.1998 that the powers have been delegated by the Central Government under the Industrial Disputes Act in respect of 129 public sector enterprises including the respondent Corporation and the copy of the notification has been enclosed with the petition. It is contended that this being a jurisdictional issue can be raised at any stage even though it was not raised before the Labour Court.