Appeal

(1) Any person aggrieved by the imposition of any penalty under section 36, (a) where the penalty is imposed by the Labour Commissioner, to the State Government; (b) where the penalty is imposed by an officer subordinate to the Labour Commissioner, to such authority as may be prescribed, may appeal within a period of three months from the date of communication of such penalty to such person: Provided that, if the State Government or the prescribed authority, as the case may be, is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of three months, it may allow such appeal to be preferred within a further period of three months. (c) shall be entertained only on the complaint made by an officer related to the registered trade union or by any official of the trade union under Trade Unions Act, 1926 (16 of 1926) and not otherwise. (2) No court of a Judicial Magistrate of the First Class shall take cognizance of any offence punishable under this Act, except upon a complaint made by such person within three months of the date on which the alleged offence came to the knowledge of the Inspector, or any official of the voluntary organisation or any official of the concerned trade union.