Section 101 in Bombay Industrial Relations Act, 1946
101. Employer not to dismiss, reduce or punish an employee. - (1) No employer shall dismiss, discharge or reduce any employer or punish him in any other manner by reason of the circumstance that the employee
(a)is an officer or member of a registered union or a union which has applied for being registered under this Act; or(b)is entitled to the benefit of a registered agreement or a settlement, submission or award; or(c)has appeared or intends to appear as a witness in, or has given any evidence or intends to give evidence in [a proceeding under this Act or any other law for the time being in force] [or takes part in any capacity in, or in connection with] a proceeding under this Act; or(d)is an officer or member of an organisation the object of which is to secure better industrial conditions; or(e)is an officer or member of an organisation which is not declared unlawful; or(f)is representative of employers; or(g)has gone on or joined a strike which has not been held by a Labour Court or the Industrial Court to be illegal under the provisions of this Act.(2)No employer shall prevent any employee from returning to work after a strike, arising out of an industrial dispute [***] which has not been held by a Labour Court or the Industrial Court to be illegal unless-(i)the employer has offered to refer the issue on which the employee has struck work to arbitration under this Act, and the employee has refused arbitration; or(ii)the employee not having refused arbitration, has failed to offer to resume work within one month of a declaration by the [State] Government that the strike has ended.(3)Whoever contravenes the provisions of sub-section (1) or (2) shall, on conviction, be punishable with fine which may extend to Rs. 5,000.(4)The Court trying an offence under this section may direct that out of the fine recovered, such amount as it deems fit shall be paid to the employee concerned as compensation.(5)In any prosecution under this section the burden of proving that the dismissal, discharge, reduction or punishment of an employee by an employer was not in contravention of the provisions of this section shall lie on the employer.
