No court shall take cognizance of any offence under this Act except on a complaint made by any worker or an office bearer of a trade union of which such worker is a member or an inspector and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this Act.]

Prior to substitution section 39 read as -

39. Cognizance of offences.-

No Court shall take cognizance of any offence under this Act except on complaint made by, or with the previous sanction in writing of, the Chief Inspector and no Court inferior to that of a Presidency Magistrate or a Magistrate of the second class shall try any offence punishable under this Act.