Section 34 Industrial Disputes Act 1947 - Cognizance of Offences

Section 34 of the Industrial Disputes Act, 1947 prescribed how courts could take cognizance of offences under that Act and specified the minimum level of criminal court competent to try them. The current corresponding provision is Section 87 of the Industrial Relations Code, 2020.

Current law: Under Section 87 of the Industrial Relations Code, a court cannot take cognizance of an offence punishable under the Code except on a complaint made by or under the authority of the appropriate Government. No court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class may try offences under the Code.

Section 34 of the Industrial Disputes Act 1947

Section 34(1) - Complaint authorised by appropriate Government

No court could take cognizance of an offence punishable under the Industrial Disputes Act, or the abetment of such an offence, except on a complaint made by or under the authority of the appropriate Government.

Section 34(2) - Court competent to try offence

No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class could try an offence punishable under the Act.

Legacy provision: Section 34 applies to offences and proceedings governed or saved under the Industrial Disputes Act. For offences under the current Industrial Relations Code, Section 87 is the corresponding cognizance provision.

Section 87 Industrial Relations Code 2020 - Cognizance of Offences

Section 87 continues the core statutory safeguards found in former Section 34. It controls both the manner in which prosecution is initiated before a court and the minimum judicial forum that may try offences under the Code.

Section 87(1) - Requirement of Government Complaint or Authority

No court may take cognizance of an offence punishable under the Industrial Relations Code unless the complaint is made by the appropriate Government or under its authority. Accordingly, prosecution under the Code is subject to this statutory gateway.

Section 87(2) - Minimum Criminal Court

Section 87(2) provides, notwithstanding the Code of Criminal Procedure, 1973, that no court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class shall try offences under the Industrial Relations Code.

Meaning of Cognizance

In this context, cognizance concerns the criminal court taking judicial notice of an alleged statutory offence for the purpose of proceeding according to law. Section 87 places a specific statutory condition on that stage: the complaint must originate from the appropriate Government or be made under its authority.

Meaning of Appropriate Government

The expression appropriate Government is defined in Section 2 of the Industrial Relations Code. Whether the Central Government or a State Government is the appropriate Government depends on the establishment or industrial dispute concerned and the statutory categories specified in that definition. The correct authority should therefore be identified before a prosecution complaint is instituted.

Related Offence Provisions

Provision	Subject
Section 85	Power of specified officers of the appropriate Government to impose penalties in cases assigned to that statutory mechanism.
Section 86	Penalties for specified contraventions and offences under the Industrial Relations Code.
Section 87	Cognizance of offences and minimum court competent to try offences.
Section 88	Offences committed by companies and liability of persons responsible for conduct of company business in the circumstances specified.
Section 89	Composition of offences in the cases and manner permitted by the Code.

Section 34 and Section 87 - Key Comparison

Industrial Disputes Act 1947	Industrial Relations Code 2020
Section 34 governed cognizance of offences under the Industrial Disputes Act.	Section 87 governs cognizance of offences under the Industrial Relations Code.
Complaint had to be made by or under authority of the appropriate Government.	The same essential complaint requirement is continued.
Section 34 expressly referred to an offence or abetment of an offence.	Section 87(1) refers to any offence punishable under the Code.
Minimum trial court: Metropolitan Magistrate or Judicial Magistrate of first class.	The same minimum level of criminal court is specified.

Madhya Pradesh State Amendment to Legacy Section 34

The legacy page records the Madhya Pradesh amendment made by Madhya Pradesh Act No. 28 of 2003, substituting Section 34(2) to provide that no court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence punishable under the Industrial Disputes Act. Its present relevance must be considered with the repeal and saving provisions and the law governing the particular proceeding.

Repeal and Saving

Section 104 of the Industrial Relations Code contains repeal and saving provisions for the Industrial Disputes Act, 1947 and the other enactments consolidated into the Code. For an older prosecution or alleged contravention, the date of the conduct, commencement of the Code, procedural stage and applicable saving provisions should be examined.

This article provides general statutory information. The competent Government, complaint authority, applicable offence provision and criminal court should be determined from the facts and the law applicable on the relevant date.