Falshaw, J.

1. This is a petition under Article 226 of the Constitution which has been referred to a Division Bench because of certain difficulties arising out of the interpretation of section 33 of the industrial Disputes Act 1947. The section as a whole deals with the maintenance of the status quo during the pendency of conciliation proceedings or cases proceeding before Labour Courts and Tribunals and sub-section (1) deals with the status quo as regards the matters connected with the pending dispute itself. Sub-section (2) reads:

"During the pendency of any such proceedings in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute- (a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceedings; or

(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise that workman:

Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to