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CS Professional · Labour Laws and Practice · Law of Industrial Relations

Sunrise Textiles Pvt Ltd in Surat is alleged to have committed an offence punishable under the Industrial Relations Code, 2020. A private trade union office-bearer, Mr. Iyer, files a complaint directly in court on his own, without any authority from the appropriate Government. Under the Code, what is the position?

The court cannot take cognizance. Under the Industrial Relations Code, 2020, no court may take cognizance of an offence punishable under the Code except on a complaint made by or under the authority of the appropriate Government, and a private office-bearer's complaint lacks that authority.

  1. AThe court may take cognizance because any aggrieved person may complain
  2. BThe court may take cognizance if the complaint is filed by a registered trade union
  3. CThe court cannot take cognizance, as it requires a complaint made by or under the authority of the appropriate GovernmentCorrect
  4. DThe court may take cognizance only if the Industrial Tribunal first refers the matter

Explanation

Section 87(1) bars courts from taking cognizance of any offence under the Code except on a complaint made by or under the authority of the appropriate Government. A complaint by a union office-bearer without such authority does not qualify, so the first two options are wrong.

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