A. K. YOG, J. ( 1 ) BY means of present petition under Article 226, Constitution of India, order dated 26th september, 1979, passed by Labour Court U, P. Agra in Adjudication Case No. 57 of 1978, has been challenged on the ground, inter alia amongst others, that the Labour Court has committed error apparent on the face of record in recording its finding on Issue No. 1 which reads ; whether the present dispute is not an Industrial Dispute? ( 2 ) THE Labour Court held that Union had failed to prove that the workmen of the firm where its members or that meeting was held, as asserted on behalf of the workmen, on 22nd March. 1975 to espouse the cause of the workman called Ishaq, Labour Court did not go into the merits of the case and decided the matter on the basis of its finding on legal issue contained In Issue No. 1 namely, there was no industrial Dispute, in the eyes of law which could be referred by the State government to Labour Court. ( 3 ) SINCE the impugned order of Labour Court is based on preliminary Issue, hearing of the petition is confined to the said Issue only. ( 4 ) PERUSAL of the award shows that on behalf of workmen, reference was made to Section 2a, U. P. Industrial Disputes Act. 1947 (Inserted by U. P. Industrial Disputes [amendment) Act. 1978, u, P. , Act No. 34 of 1978 w. e. f. 23. 10. 1978 ). The Labour Court ignored Section 2a on the ground that reference by the State Government was made prior to the insertion of said Section 2a vide U. P. Act No. 34 of 1978 and on the aforesaid reasoning, concluded that Section 2a inserted vide U. P. Act No. 34 of 1978 was not attracted in the facts of the present case. ( 5 ) SECTION 7 of U. P. Act No. 34 of 1978, reads : "7. Transitory, provision.--A reference made under Section 10 of the Industrial Disputes Act, 1947. ( 5 ) SECTION 7 of U. P. Act No. 34 of 1978, reads : "7. Transitory, provision.--A reference made under Section 10 of the Industrial Disputes Act, 1947. (Act No. 14 of 1947) arising out of an industrial dispute referred to in Section 2a of that act and pending on the date of commencement of this Act shall be deemed to be a reference made under Section 4k of the principal Act, arising out of an industrial dispute referred to in section 2a of the principal Act as inserted by this Act as if the provisions of that section were in force at all material times and any such reference may be withdrawn and transferred under the provisions of the principal Act for disposal by Labour Court or Tribunal, as the case may be appointed under the principal Act. " ( 6 ) OBVIOUSLY, aforesaid Section 7 of the Amending Act was not noticed by the Labour Court whlch it ought to have otherwise considered. ( 7 ) SECTION 2a in the Principal Act, in view of Section 7. U. P. Act No. 34 of 1978 will be taken as if It was in force at all material time and reference in question was to be deemed to have been made under Section 4k of the principal Act. ( 8 ) MS. Mahima Maurya, Advocate, holding brief on behalf of Sri K. P. Agarwal, Senior advocate, has argued the case with precision and deserves admiration for the same. ( 9 ) LEARNED counsel for the petitioner referred to the decision in AIR 1974 SC 113 (Pr. 29 ). wherein Supreme Court has observed that provisions of Central Act, in absence of any provision in State Act, can be read as the Central Act applies to the whole of India. In view of Section 2a, being incorporated in the Central Act w. e. f. 1. 12. 1965, reference in question cannot said to be bad. Learned counsel submitted that In view of Section 2a in Central Act, finding of Labour court cannot be sustained. I find force In the argument. ( 10 ) FINDING of the Labour Court is clearly vitiated. The Impugned order dated 26. 9. 1979 passed by Labour Court. U. P. . Agra in Adjudication Case No. 57 of 1978 (Annexure-8 to the writ petition) is quashed. It is directed that respondent No, 1. I find force In the argument. ( 10 ) FINDING of the Labour Court is clearly vitiated. The Impugned order dated 26. 9. 1979 passed by Labour Court. U. P. . Agra in Adjudication Case No. 57 of 1978 (Annexure-8 to the writ petition) is quashed. It is directed that respondent No, 1. Labour Court, Agra, shall decide adjudication Case No. 57 of 1978 on merits. Since the matter Is quite old. It is expedient that labour Court may endeavour to decide the matter as early as possible. ( 11 ) THE writ petition is allowed subject to above observation. There will be no order as to costs. .