Section 34. 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 102[a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act.
Section 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 rules of a trade union or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the settlement of dispute 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.
Section 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) 147[any member of the executive or other office bearer] of a registered trade union of which he is a member;
(b) 117[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 117[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 employer of which he is a member;
(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 authorized 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 proceedings under this Act or in any proceedings before a Court.
(4) In any proceeding117[before a Labor 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 proceeding and 156[with the leave of the Labor Court, Tribunal or National Tribunal, as the case may be.]
Section 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 Labor Court, Tribunal or National Tribunal as it may think fit.
(2) The Labor 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 decision shall be final and binding on all such parties.]
Section 36B. Power to exempt
Where the appropriate government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments 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.]
Section 37. Protection of action taken under the Act
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
Section 38. Power to make rules
(1) The appropriate government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the powers and procedure of conciliation officer, Board, Court, 158[Labor Courts, Tribunals and National Tribunals] including rules as to the summoning of witnesses, the production of documents relevant to the subject-matter of an inquiry or investigation, the number of members necessary to form a quorum and the manner of submission of reports and awards;
109[(aa) the form of arbitration agreement, the manner in which it maybe signed by the parties 107[the manner in which a notification may be issued under sub-section (3A) of section 10A,] the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him;
(aaa) the appointment of assessors in proceedings under this Act;]
(b) the constitution and functions of and the filling of vacancies in Works Committees, and the procedure to be followed by such Committees in the discharge of their duties;
(c) the allowances admissible to members of Courts 159[and Boards and presiding officers of Labor Courts, Tribunals and National Tribunals] and to assessors and witnesses;
(d) the ministerial establishment which may be allotted to a Court, Board, 117[Labor Court, Tribunal or National Tribunal] and the salaries and allowances payable to members of such establishments;
(e) the manner in which and the person by and to whom notice of strike or lock-out may be given and the manner in which such notice shall be communicated;
(f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, 117[Labor Court, Tribunal or National Tribunal];
(g) any other matter which is to be or may be prescribed.
(3) Rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees.
109[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the State Legislature or, where the appropriate government is the Central Government, before both Houses of Parliament.]
107[ (5) Every rules made by the Central Government under this section shall be laid, as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 160[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
Section 39. Delegation of powers
The appropriate government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,-
(a) where the appropriate government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government, or by such officer or authority subordinate to the State Government, as may be specified in the notification; and
(b) where the appropriate government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.]
Section 40. Power to amend Schedules
(1) The appropriate government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly.
(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly.
(3) Every such notification shall, as soon as possible after it is issued, , be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.]
