In force · As amended up to 2026-08
35. Protection of persons.-(1) No person refusing to take part or to
continue to take part in any strike or lock-out which is illegal under this
Act shall, by reason of such refusal or by reason of any action taken by
him under this section, be subject to expulsion from any trade union or
society, or to any fine or penalty, or to deprivation of any right
or benefit to which he or his legal representatives would otherwise be
entitled, or be liable to be placed in any respect, either directly or
indirectly, under any disability or at any disadvantage as compared with
other members of the union or society, anything to the contrary in the
rules of a trade union or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the
settlement of disputes in any manner shall apply to any proceeding for
enforcing any right or exemption secured by this section, and in any such
proceeding the Civil Court may, in lieu of ordering a person who has been
expelled from membership of a trade union or society to be restored to
membership, order that he be paid out of the funds of the trade union or
society such sum by way of compensation or damages as that Court thinks just.
```
```
Source: India Code