Section 34 — Cognizance of offences- (1) No Court shall take cognizance of any offence punishable under this Act, or of the abetment

Cognizance of offences- (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 1[a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act. 35. Protection of persons.- (1) No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society anything to the contrary in the rules of a trade union or society notwithstanding. (2) Nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that Court thinks just. 2[36. Representation of parties.- (1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by- (a) 3[any member of the executive or other office bearer] of a registered trade union of which he is a member; (b) 4[any member of the executive or other office bearer] of a federation of trade unions to which the trade union referred to in clause (a) is affiliated; (c) where the worker is not a member of any trade union, by 5[any member of the executive or other office bearer] of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and authorized in such manner as may be prescribed. (2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by- (a) an officer of an association of employers of which he is a member; 1 Subs. by Act No.46 of 1982. 2 Subs. by Act No.48 of 1950, S.34 and sch. for the original section. 3 Subs. by Act No.45 of 1971. 4 Subs. by Act 45 of 1971. 5 Subs. by Act 45 of 1971, S.6 for “an officer” (w.e.f. 5.12.1971). 42 The Industrial Disputes Act, 1947 Sec. 36A (b) an officer of a federation of associations of employers to which the association referred to in Clause (a) is affiliated; (c) where the employer is not a member of any association of employers, by an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed. (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceeding under this Act or in any proceeding before a Court. (4) In any proceeding 1[before a Labour Court, Tribunal or National Tribunal] a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceedings and 2[with the leave of the Labour Court, Tribunal, or National Tribunal as the case may be. 3[36A. Power to remove difficulties.- (1) If, in the opinion of the appropriate Government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Labour Court, Tribunal or National Tribunal as it may think fit. (2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decisions shall be final and binding on all such parties.] 4[36B. Power to exempt.- Where the appropriate Government is satisfied in relation to any industrial establishments or undertaking or any class of industrial establishment or undertakings carried on by a department of that Government that adequate provisions exist for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or unconditionally such establishment or undertaking or class of establishments or undertakings from all or any of the provisions of this Act.]

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