Section 101(2) in Bombay Industrial Relations Act, 1946
(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.
