- (1.) The questions which fall for consideration in the present appeals are as follows: (1 What is the status of the order of dismissal and therefore of the dismissed employee between the date of the order of dismissal and the approval of dismissal under Section 33 (2 (b) of the Industrial disputes Act, 1947 (2 Does the employee become entitled to being treated as never to have been dismissed from service if the application filed by the employer under Section 33 (2 (b) is not approved (3 Is the requirement of the approval under Section 33 (2 (b) a mere technicality the non-compliance of which does not vitiate the order or is it a condition precedent to the order being rendered valid (4 Does the order of dismissal remain inchoate and is not effective till it is approved under Section 33 (2 (b)
(2.) We have heard learned counsel on both sides at considerable length. Various decisions were cited before us and we find that two benches consisting of three learned Judges have taken the view that if the approval is not granted under Section 33 (2 (b) , 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. The decisions in which this view has been taken are Strawboard Manufacturing Co. v. Gobind and Tata Iron and Steel Co. Ltd. v. S. N. Modak.
(3.) As against this, another bench of three learned Judges in Punjab Beverages (P) Ltd. , Chandigarh v. Suresh Chand has taken the view that the non-approval of the order of dismissal or failure to make application under Section 33 (2 (b) would not render the order of dismissal inoperative. The 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 33-A or by way of a reference under Section 10 (1 (d) of the Act. There is no reference in this decision to the earlier two decisions of the court cited above.;