I was in a tomb with my Tribal orc follower we then ran into some Draugr Deathlord who then started shouting at us.
He then used the disarm shout on my follower throwing my elven sword up in the air I picked it up and then gained a 200 gold bounty with tribal orcs and my follower attacked me.

When you picked up the sword, did it say "steal" or "take"?

Because what it sounds like is that your follower got disarmed and you took the sword that he dropped and the game is counting that as theft of his property.

At one point, you probably had your follower pick up this sword, instead of giving it to him via the dialogue functions. Doing this made the sword his property.

Yeah that's what I assumed
I loaded and told my character to wait around the corner from where the sword was.
And then stole it

I would hope that's the case, otherwise I hate to think that picking up something your follower drops counts as theft when it's something you gave to him yourself.

But yeah, OP, if you know you stole it then it shouldn't be a surprise that he's unhappy about you taking it. And IIRC committing a crime against an Orc will get you in trouble with their strongholds so that's where the bounty is coming from.