CS Executive · Setting Up of Business, Industrial and Labour Laws · The Industrial Relations Code, 2020
A labour department official files a complaint for an offence under the Industrial Relations Code, 2020 against Meera Foods Ltd. Which statement about cognizance and trial of offences under the Code is correct?
Cognizance can be taken only on a complaint made by or under the authority of the appropriate Government, and trial cannot be by any court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class.
- AA court may take cognizance on a complaint by any aggrieved person, and any Magistrate may try it
- BA court may take cognizance only on a complaint by or under the authority of the appropriate Government, and no court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class may try itCorrect
- CA court may take cognizance only on a complaint by a registered trade union, and a Magistrate of the second class may try it
- DA court may take cognizance on its own motion, and only a Sessions Court may try it
Explanation
No court takes cognizance save on a complaint made by or under authority of the appropriate Government, and trial lies with a Metropolitan Magistrate or Judicial Magistrate of the first class or higher. The other options misstate the complainant or the trial court.
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