OFFENCES AND PENALTIESCentral
Section 87 of The Industrial Relations Code, 2020
- (1)No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of the appropriate Government.
- (2)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of the Metropolitan Magistrate or Judicial Magistrate of the first class shall try the offences under this Code.
Summary
- Courts are prohibited from taking notice of any crime under this Code unless a formal complaint is made.
- The complaint must be made by the appropriate government or under its specific authority.
- Only high-level courts have the power to try these offenses.
- No court lower than a Metropolitan Magistrate or a Judicial Magistrate of the first class can handle these cases.
Practical examples
1A group of workers at a factory wanted to sue their boss for an unfair labor practice on June 10, 2026. They learned that they could not go directly to a judge, but had to request the state labor department to file a formal complaint under Section 87 first.
2A junior local judge was presented with a case involving an illegal lock-out. After checking Section 87, the judge realized he did not have the authority to hear the case because he was not a Judicial Magistrate of the first class.
FAQ
1. Which courts are allowed to hear cases about these labor law offenses?
Only a Metropolitan Magistrate or a Judicial Magistrate of the first class (or a higher court) can try these cases.
Test yourself
Q1.Under Section 87 of The Industrial Relations Code, 2020, who has the power to initiate a complaint for an offense?
Q2.Under Section 87 of The Industrial Relations Code, 2020, which of the following courts is the lowest level authorized to try an offense?
Q3.Under Section 87 of The Industrial Relations Code, 2020, what is the requirement for a court to "take cognizance" (legally notice) of a crime?
Q4.Under Section 87 of The Industrial Relations Code, 2020, can a Judicial Magistrate of the second class hear a case regarding an illegal strike?