Section 33(2) (b) of the Act, that the three things contemplated viz. dismissal or discharge, payment of the wages and making of the application, should be part of the same transaction. Therefore, in our view, there must be a fixed and certain point of time which will be applicable to all managements and workmen, when construing the provisions of Section 33 of the Act. The management must definitely know, as to when they have to take the necessary action, under the proviso to Section 33(2) (b), and the workman also should, likewise, know the definite time when the management should have complied with the requirements of the proviso to Section 33(2)(b), so that he could approach the Industrial Tribunal, by way of a complaint, under Section 33-A, of the Act. A reading of the material provisions of Section 33 shows that the expressions used are „discharge or punish, whether by dismissal or otherwise‟, and they clearly indicate, in our opinion, the point of time, when the order of discharge or dismissal is passed, by the authority concerned. An order of discharge or dismissal, in our opinion, can be passed, only once; and, in this case, the order of dismissal is the one passed, by the Managing Director, on November 12, 1963. No doubt, either by virtue of the Standing Orders, or by virtue of a contract of service, a right of appeal may be given to a workman concerned, to challenge an order of dismissal. But the Appellate Authority only considers whether the order of dismissal has to be sustained, or whether it requires modification. Therefore, there is no question of the Appellate Authority passing, again, an order of dismissal. We are not concerned, in construing the provisions of Section 33, as to the finality of the orders passed, by the authority concerned, in the first instance, in passing orders of dismissal or discharge. Further, the proviso to Section 33(2)(b), when it refers to payment of wages for one month, also indicates that it relates to an order of discharge or dismissal, which comes into effect immediately, which, in this case, is the order passed, on November 12, 1963. The payment of one month's salary or
