Rule 44 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 44 lays down how the Central Government's enquiry officer deals with a complaint of an offence under certain penalty provisions of the Code. It covers who holds the enquiry, how notice goes out, what happens if a party does not turn up, when a complaint can be refused, and what the final order must contain.
A complaint of an offence under section 86(3), (5), (7), (8), (9), (10), (11) and (20) or section 89(7) is enquired into by an officer not below the rank of Under Secretary to the Government of India, appointed under section 85(1) (rule 44(1)). Notice goes electronically or by speed post and is uploaded on the Ministry of Labour and Employment's designated portal (rule 44(2)). The officer may decide ex parte if the noticed person does not appear, and may dismiss a complaint if the complainant misses two consecutive dates (rule 44(4), (5)). A complaint filed beyond six months from the offence may be refused (rule 44(13)(b)).
Where rule 44 fits
Section 85 of the Industrial Relations Code, 2020 lets the appropriate Government appoint an officer of the rank of Under Secretary or above to hold an enquiry "in such manner as may be prescribed by the Central Government" for imposing penalty under the listed provisions of section 86 and section 89(7). The officer can summon witnesses and documents, and if satisfied that an offence was committed may impose such penalty as he thinks fit in accordance with those provisions. Under section 85(3), a person who does not pay the penalty within ninety days of receiving the order is punishable with fine of not less than fifty thousand rupees and up to two lakh rupees. See our article on sections 84-85 and on section 86.
Rule 44 is the "manner prescribed". It applies to Central-sphere establishments; where the State Government is the appropriate Government, the State's rules apply. If you are facing such a complaint, our legal dispute resolution team can help you prepare a reply and appear.
Rule 44 at a glance
| Sub-rule | Subject |
|---|---|
| (1) | Which offences; enquiry officer not below Under Secretary |
| (2), (3) | Notice electronically or by speed post; uploaded on the designated portal; post-only option |
| (4) | Non-appearance of the noticed person: ex parte |
| (5) | Complainant absent on two consecutive dates: dismissal; adjournments and video conferencing |
| (6)–(8) | Authorisation to appear for a person under s.85(2); written statement and order |
| (9), (10) | Filing documents and endorsing dates |
| (11), (12) | Defective complaints; re-presentation date |
| (13) | Grounds to refuse a complaint |
| (14) | Contents of the order |
| (15), (16) | Civil Procedure guidance; timing of order |
| (17) | Inspection of documents |
Starting the enquiry
Notice (sub-rule 2). On receipt of the complaint, the enquiry officer calls upon the person or persons by notice sent electronically or by speed post, uploads a copy on the designated portal, and requires them to appear on a specified date with all relevant documents and witnesses. The complainant is told the date.
Post only (sub-rule 3). A party may ask in writing that notice be sent only by post, and the officer may use speed post where he thinks electronic means are not available to the parties.
Non-appearance (sub-rules 4 and 5). If the person noticed, or his representative, fails to appear on the date, the officer "may proceed to hear and determine the complaint ex-parte". If the complainant is absent without information on two consecutive dates, the officer "may dismiss" the complaint. Not more than three adjournments may be given, and only on a joint application by the complainant and the opposite party. The officer shall, at his discretion, permit hearing of the parties, or either, through video conferencing.
Representation (sub-rules 6 to 8)
Authorisation to appear for a person under section 85(2) is given by a certificate or electronic certificate, presented at the hearing and forming part of the record. A person who intends to appear for the complainant presents a brief written statement of the reason. The officer records an order permitting this, and, if refusing, records reasons.
Documents and defects (sub-rules 9 to 12)
The complaint and documents can be presented in person during hours fixed by the officer, or sent electronically or by speed post. The opposite party has the right to reply. The officer endorses the date of presentation on each document (not needed for electronic submission).
If he considers a complaint incomplete he may refuse to entertain it and ask the complainant to rectify the defects within the time he specifies. If rectification is impossible, he may return it at once, indicating the defects. On re-presentation after rectification, the date of re-presentation is deemed the date of presentation for section 85(1).
When a complaint may be refused (sub-rule 13)
After giving the complainant an opportunity of being heard, and for reasons recorded in writing, the officer may refuse to entertain a complaint if:
- the complainant is not entitled to present it;
- the complaint is filed beyond six months from the date the offence was committed; or
- the complainant fails to follow directions given under section 85(2).
The six-month point matters. Note the rule says the officer "may" refuse; it does not say the complaint is void.
What the order must show (sub-rule 14)
The order must contain: the date of complaint; name and address of the complainant; name and address of each opposite party; section-wise details of the offence; the opposite party's plea; findings and a brief statement of the evidence including cross-examination; reasons; and the penalty imposed, with signature, date and place.
Procedure, timing, inspection (sub-rules 15 to 17)
The officer is to be guided, in procedure, by the Code of Civil Procedure, 1908, with such alterations as he thinks fit, not affecting their substance, except where they conflict with the Code or the Rules. The order or directions may be given the same day or on a later date fixed for the purpose. A complainant, an opposite party, or a person permitted under sub-rule (8) can inspect any complaint or document filed.
Example
A union files a complaint of an offence under section 86(5) against an establishment for an unfair labour practice. The officer issues notice electronically and uploads it on the portal. The employer's representative does not appear on the first date and the officer, after two opportunities, hears the matter ex parte. The employer should have replied and, if needed, asked for video-conference hearing.
Need help with an enquiry under section 85?
An enquiry can lead to a penalty and then a further fine if the penalty stays unpaid for ninety days. Our legal dispute resolution practice can review the complaint, the limitation point and the documents, and prepare your appearance.
Key takeaways
- The enquiry officer is not below Under Secretary rank and is appointed under section 85(1).
- Notice is electronic or speed post, with an upload on the designated portal.
- Non-appearance can lead to an ex parte order; a complainant's two missed dates can lead to dismissal.
- A complaint beyond six months from the offence may be refused.
- The order must list the particulars in sub-rule 14; the officer is guided by the Code of Civil Procedure, 1908.
Read next
- Sections 84-85: unfair labour practices and power to impose penalty
- Section 86: penalties for strikes, notices and other contraventions
- Section 89: composition of offences
- Rules 45-47: witness expenses, publication and records
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.