Section 101 in The Maharashtra Industrial Relations Act, 1946
101. Employer not to dismiss, reduce or punish an employee.
(1)No employer shall dismiss, discharge or reduce any employee or punish him in any other manner by reason of the circumstances 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 employees; or(g)has gone on or joined or instigated 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 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 issues 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.(2A)No employer shall dismiss, discharge or reduce any protected employee save with the express permission in writing of the Labour Court.Explanation.—For the purposes of this sub-section a “protected employee” in relation to any industry means any employee who being an office-bearer of a union connected with the industry is recognised as such in accordance with the rules made under this Act.(2B)In every industry in any local area, the number of officer of any union to be recognised as “protected employees” for the purposes of sub-section (2A) shall be one per cent. of the total number of employees employed therein, subject to a minimum number of five protected employees and a maximum number of one hundred protected employees; and for the aforesaid purpose, the State Government may make rules providing for the manner in which the employees may be chosen and recognised as protected employees.(3)Whoever contravenes the provisions of sub-section (1) (2) or (2A) 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.
