s 72 Enforcement of Articles 39 to 41
(1) Proceedings in respect of a contravention of Article 39, 40 or 41 may be brought by the Commission in accordance with the following provisions of this Article. (2) The proceedings shall be— (a) an application for a decision whether the alleged contravention occurred, or (b) an application under paragraph (4), or both. (3) An application under paragraph (2)( a ) shall be made— (a) in a case based on any provision of Part III, to an industrial tribunal, and (b) in any other case to a county court. (4) If it appears to the Commission— (a) that a person has done an act which by virtue of Article 39, 40 or 41 was unlawful, and (b) that unless restrained he is likely to do further acts which by virtue of that Article are unlawful, the Commission may apply to a county court for an injunction restraining him from doing such acts; and the court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or more limited terms. (5) In proceedings under paragraph (4) the Commission shall not allege that the person to whom the proceedings relate has done an act which is unlawful under this Order and within the jurisdiction of an industrial tribunal unless a finding by an industrial tribunal that he did that act has become final.