Dipak Misra, C.J.

1. In this intra-court appeal, the pregnability of the order dated 9th December, 2009 passed by the learned Single Judge in WP(C) No. 9640/2007 is called in question.

2. The facts which are requisite to be stated for adjudication of this appeal are that the reference made under Section 10(1) of the Industrial Disputes Act, 1947 (for brevity "the Act') on 4th January, 2007 by the Government of NCT of Delhi, the Respondent No. 2 herein, was totally unwarranted being hit by the doctrine of delay and laches and further on the foundation that on the date of reference no industrial dispute as such was in existence. On a perusal of the order passed by the learned Single Judge, it transpires that the Respondent No. 1, who was a daily wager in AIIMS, claimed to have faced an order of termination by the management on 1st March, 1996. He filed an application for conciliation before the District Labor Officer on 26th May, 2005. As no re-conciliation took place, the failure report was submitted to the Respondent No. 2 and keeping the same in view, the Respondent No. 2 made the reference to the labor court for adjudication.

3. Be it noted, the terms of the reference made b