Cognizance of Offence

Cognizance of Offence

The cognizance of the offence of committing illegality falling under the mischief of Section 26 of the Act can be taken only on a complaint made by or under the Authority of the appropriate Government under Section 34. It thus clearly indicates that party itself or the adjudicatory authority by itself cannot take cognizance and punish the guilty. Further, Section 34 also provides that no court inferior to that of the Magistrate of First Class or the Metropolitan Magistrate can take cognizance of the offence under the Act.
Section 27 then provides that any person who instigates or incites others to go on strike or declare lock-out will also be punishable with imprisonment for a term which may extend to 6 months or a fine of Rupees one thousand or with both. Whereas Section 25 lays down that no person shall knowingly expand or apply for money in direct furtherance or support of any strike or lock-out which is illegal. The use of the word “knowingly” demonstrates that mens-rea is an essential ingredient before any person is convicted under Section 25. The offender under this Section is punishable under Section 28 of the Act.Image result for Cognizance of offence in Labour Laws diagram
Section 28 lays down that the offender shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or with both. Indeed the four ingredients must be proved (1) illegality within the meaning of this Act (2) there must exist mens-rea (3) these must be actual spending of money or supply money and (4) the use of money must be in direct furtherance or support of the illegal strike or illegal lock-out. In State of Bombay vis Canl Field Holland, it was held that if strike or lock-out is not illegal, provisions of Section 25 are not attracted.