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State of Madhya Pradesh - Section

Section 83 in The M.P. Industrial Relations Act, 1960

83. 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 circumstance that the employee-
(a)is an officer or member of a Representative Union or a Union which has applied for being recognised as a Representative Union 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 evidence or intends to give evidence in, any proceeding under this Act or any other law for the time being in force or takes part in any capacity or in connection with a proceeding under this Act; or
(d)is an officer or a 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)has taken part in any trade union activity which has not been held to be illegal; 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 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 declaration by the State Government that strike has ended.