Shivaraj V. Patil, J. -
(1.)From the Order of Reference made in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. vs. Ram Gopal Sharma and another (1994) 6 SCC 522, the question that arises for consideration is :
"If the approval is not granted under Section 33(2)(b) of the Industrial Disputes Act, 1947 whether the order of dismissal becomes ineffective from the date it was passed or from the date of non-approval of the order of dismissal and whether failure to make application under Section 33(2)(b) would not render the order of dismissal inoperative -
(2.)Finding conflict of views expressed by Benches of three learned Judges of this Court on the question, the Reference is made.
(3.)The two Benches consisting of three learned Judges in (1) Strawboard Manufacturing Co. vs. Gobind (1962) 1 Suppl. SCR 618 and (2) Tata Iron and Steel Co. Ltd. vs. S. N. Modak, (1965) 3 SCR 411, have taken the view that if the approval is not granted under Section 33(2)(b) of the Industrial Disputes Act, 1947 (for short 'the Act'), the order of dismissal becomes ineffective from the date it was passed and, therefore, the employee becomes entitled to wages from the date of dismissal to the date of disapproval of the application. Another Bench of three learned Judges in Punjab Beverages Pvt. Ltd. Chandigarh vs. Suresh Chand and another, (1978) 3 SCR 370, has expressed the contrary view that non-approval of the order of dismissal or failure to make application under Section 33(1)(b) would not render the order of dismissal inoperative; failure to apply for approval under Section 33(2)(b) would only render the employer liable to punishment under Section 31 of the Act and the remedy of the employee is either by way of a complaint under Section 33A or by way of a reference under Section 10(1)(d) of the Act. It may be stated here itself that there was no reference in this decision to the two earlier decisions aforementioned.