The jurisdiction of the Labour Court to try offences under the Factories Act is exclusive, and the amendment of the Factories Act, which enhanced the punishment for certain offences, did not affect the jurisdiction of the Labour Court.

K.L. Shrivastava, J.

1. This revision petition is directed against the order dated 16.11.1989 passed by the Addl. Chief Judicial Magistrate, Indore in Cr. Case No. 6 of 1990 whereby he has under Section 204 of the Criminal Procedure Code, 1973 (for short 'the Code') ordered issue of process against the petitioner on the complaint filed by the Factory Inspector, Indore.

2. Circumstances giving rise to the revision petition are these: The petitioner is an occupier within the meaning of Section 2(h) of the Factories Act, 1948 (for short 'the Act'). According to the complaint he contravened the provisions of Section 48 of the said Act and Rule 87 of the Madhya Pradesh Factories Rules, 1962 (for short 'the Rules'). He is, therefore, punishable under Section 92 of the Factories Act.

3. The learned Addi. Chief Judicial Magistrate took cognizance of the offence and passed the impugned order.

4. It is not in controversy that the impugned order is revisable. In this connection reference may usefully be made to the decisione in L.N. Jadhav's case, 1983 JLJ S.N. 69 and A.K.Su-bbiah's case,1987 CAR 288-1987 SCC 557. The last mentioned decision further points out, that the revisional Court has to confine itself to the material before the Courts below.

5. The submission of the learned counsel for the petitioner is that by Section 4 occurring in Part II (Amendment of the M.P.Audyogic Sambandh Adhiniyam, 1960) of the M.P. Labour Laws (Amending) and Miscellaneous Provisions Act, 1981 (for short 'the Amendment Act of 1981') which received assent of the President on 15.12.1981, Section 61 of the M.P. Industrial Relations Act, 1960 (for short 'the Relations Act') has been amended and Sections 63 (cognizance of offences ) and 64 (power of Labour Court and Industrial Court in respect of criminal cases) thereof have been substituted. He urges that prior to the aforesaid amendment, Labour Court constituted under Section 8 of the Relations Act, could, as provided under Section 61-D thereof try only offences under the Act. However, by amendment in Section 61 of the Relations Act, the Labour Court in addition to the offences under the said Act has been empowered to try various other offences under the Factories Act and several other Acts, all specified in Schedule II-A introduced by the Amending Act.

6. The learned counsel goes on to contend that under the scheme of the Act the jurisdiction of the Labour Court for trial of offences is exclusive and the classes of Criminal Courts enumerated in Section 6 of the 'Code' have no jurisdiction in relation to offences under the Factories Act. In this connection he has invited my attention to the provision in Section 64 of the Relations Act. According to sub-Section 1 thereof Labour Court shall have all the powers under the Code, of the Judicial Magistrate of first Class and shall follow the procedure laid down in Chapter XXI of the Code for summary trial and the rest of such provisions of the Code shall, so far as may be, apply to the trial. Sub-section 2 lays down that in respect of offences punishable by the Labour Court, the Industrial Court shall have all the powers of the High Court under the Code. Section 64-A of the Relations Act relates to saving of inherent powers of these Courts and Section 65 provides for appeal against the decisions of a Labour Court to the Industrial Court. He has laid great emphasis on the provision embodied in Section 61(D)(3) of the Relations Act which runs thus: -

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974) or any other law for the time being in force, every offence punishable under this Act and the Acts specified in Schedule II-A shall be tried by the Labour Court within the local limits of whose jurisdiction it was committed.

Reference was also made to the provisions in Section 4(2) of Code, according to which offences other than those under the Indian Penal Code, shall also be dealt with according to the provisions in the Code b