Section 93 of the Punjab Reorganisation Act, 1966, applies to proceedings which were pending before the Labour Courts or Industrial Tribunals.

, J.

1. This is a reference forwarded to this Court by the Presiding Officer, Labour Court, Jullundur, formulating the following questions:-

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(1) Whether the instant reference, which was registered at No.4 of 1964 by the Labour Court, Rohtak and at No.145 of 1966 by the Labour Court, Jullundur is a "proceeding" within the meaning of Section 93 of the Punjab Reorganisation Act, 1966?

(2) Whether Labour Court, Jullundur, or Industrial Tribunal, Punjab, Chandigarh, is "corresponding Court, Tribunal, Authority or Officer" within the meaning of section 93 of the Punjab Reorganisation Act 1966?

(3) Whether the reference stands transferred to the Labour Court, Jullundur or Industrial tribunal, Punjab, Chandigarh, under Section 93 of the Punjab Reorganisation Act, 1966, with effect from 1st November, 1966, when that Act came into force?

2. The facts of this case are that the Governor of Punjab in exercise of the powers conferred by clause (c) of subsection (1) of Section 10 read with proviso to that sub-section of the Industrial Disputes Act, 1947 , referred t the Labour Court, Rohtak, constituted under Section 7 of the said Act, the matter specified below:

" Whether the workers should be granted Dearness Allowance and whether it should be linked with the cost of living index? If so, what details and from what date".

3. The industrial dispute was between the workmen and the management of Messrs. Bali Singh Bhagwan Singh of Amritsar vide No. 6-SF-III-Lab-1-64/728, dated the 10th January, 1964, published in the Punjab Government Gazette Extraordinary on the same date. It is not necessary to go into the merits of the respective contentions of the parties which are given in detail in the order of reference. Before any order could be made by the Labour Court, Rohtak, the Punjab Reorganisation Act, 1966, came into force on 1st November, 1966 and the Labour Court sent the record of the reference of the disputes to Labour Court, Jullundur, under Section 93 of the Punjab Reorganisation Act, 1966 . The Presiding Officer of Labour Court, Jullundur, issued notice to the parties and on 6th of December, 1966, the management made an application stating that the Labour Court, Jullundur, was not properly and legally seised of the reference in question and, therefore, could not adjudicate upon it. The following preliminary issue was framed:-

"Whether this Court is not properly and legally seised of this case, and , therefore, cannot adjudicate upon it?"

The contention of the management before the Labour Court and before me has been that Section 93 is not applicable and the reference was not a "Proceeding" and the Labour Court, Jullundur, could not be said to be "corresponding court or tribunal".

4. ON behalf of the management, Shri H.R. Sodhi, has taken me through some relevant sections of the Industrial Disputes Act with a view to show that the provisions of Section 93 of the Pun jab Reorganisation Act, 1966, are not attracted. Under Section 2 (a) (ii) of the industrial Disputes Act, the appropriate Government means the State Government and in this context prior to the reorganisation would mean the State of Punjab.

5. Section 7 empowers the appropriate Government to constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the second schedule. Before the bifurcation of the State, there was a Labour Court at Jullundur and another Labour Court at Rohtak. This dispute was referred to the Labour Court at Rohtak. Section 7-A provides for the constitution of the appropriate Government, by notification for the adjudication of industrial disputes relating to any matter whether specified in the second schedule or the third schedule. So far as the matter whether specified in the second schedule are concerned, the jurisdication of the Industrial tribunals and of the Labour Courts is concurrent. Under Section 10 (1), the appropriate Government has the power to refer an industrial dispute to a Lab