23.
(1) No employer shall dismiss a person solely or mainly by reason of any duties or liabilities which that person is, or may become liable to perform Or discharge by reason of his being, or being liable to be, called up for active service under this Act, unless the person so called up for active service is employed only for a contracted period of time. |
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(2) For the purpose of this section, where it is proved that the duties or liabilities to which a person is liable under this Act, caused or contributed to the dismissal of that person, he shall be deemed to have been dismissed by reason of those duties or liabilities, unless the employer proves that the dismissal was for a reason unconnected therewith. |
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(3) Any employer who dismisses a member of the Reserve, by reason of his duties and liabilities as a member of the Reserve, shall be guilty of an offence and shall be liable on conviction after summary trial to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand rupees or to both such imprisonment and fine, and the court by which he is convicted may order the employer to pay, to the dismissed person as compensation, a sum not exceeding an amount equal to three months remuneration at the rate which remuneration was last payable to him by the employer. |
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