Badar Durrez Ahmed, J.

1. These two appeals raise identical issues and involve virtually similar facts and are, therefore, being disposed of together. The appeals arises out of WP(C) No.6228/2011 and WP(C) No.6236/2011 in respect of which orders were passed by the learned Single Judge on 26th August, 2011 dismissing both the writ petitions filed on behalf of the appellant herein. For the sake of convenience, we shall refer only to the facts of LPA No.1044/2011which arises out of WP(C) No.6228/2011 (Tops Security Limited v. Subhash Chander Jha).

2. The point in issue is whether the non-compliance of the provisions of Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as “the said Act”) would ipso facto mean that an order of dismissal passed by the employer would be ineffective? The additional question is whether the employee, in such a circumstance, would be required to file an application under Section 33-A of the said Act for having the said order of dismissal being declared as void ab initio?

3. The facts of LPA No.1044/2011are that an industrial dispute namely ID No.43/2008 was pending before the Industrial Tribunal and had arisen out of refere