ORDER

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