Industrial Disputes Act, 1947 · Chapter VII: Miscellaneous
Section 34: Cognizance of offences
The Industrial Disputes Act, 1947 was repealed and replaced by the Industrial Relations Code, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
A court can take up an offence under this Act only on a complaint made by or with the authority of the appropriate Government, and only a Metropolitan Magistrate or Judicial Magistrate of the first class or higher can try it.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) No Court shall take cognizance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate Government.
(2) No Court inferior to that of [a Metropolitan Magistrate or a Judicial Magistrate of the first class], shall try any offence punishable under this Act.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 34
- Justice K. S. Puttaswamy (Retd.) v. Union of India & Ors.
- Cement Workers Karamchari Sangh v. M/S. Jaipur Udyog Limited and Ors.
- Management of M/S. Mysore Structurals Ltd. and Ors. v. State of Karnataka and Anr.
- Raj Kumar Gupta v. Lt. Governor, Delhi and Ors.
- Electrical Manufacturing Co. Ltd. v. D. D. Bhargava