Industrial Relations (Bihar) Rules, 2026 · Rule 44

Rule 44: Service of notice before retrenchment of the worker under clause (c) of

Rule 44 of the Industrial Relations (Bihar) Rules, 2026 operationalises Service of notice before retrenchment of the worker under clause (c) of. It belongs to the tribunal layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, State Government, Commissioner.

Final State RuleBihar Gazette (Extraordinary), 1 July 2026Effective 1 July 2026

Finin2min 2-minute summary

Rule 44 of the Industrial Relations (Bihar) Rules, 2026 operationalises Service of notice before retrenchment of the worker under clause (c) of. It belongs to the tribunal layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, State Government, Commissioner.

Jurisdiction: Bihar. This page explains a State rule under the Industrial Relations Code, 2020; other States may prescribe different procedure/forms.

Full notified Rule text

44. Service of notice before retrenchment of the worker under clause (c) of section 70.— If any employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year under him then, such employer shall give prior notice of intimation of such retrenchment, in Form-XXII to the Deputy Labour Commissioner of the concerned area electronically or otherwise, in the following manner, namely :- (a) where notice is given to a worker, notice of retrenchment shall be sent within three days from the date on which notice is served on the worker; (b) where no notice is given to the worker, and he is paid one month’s wages in lieu thereof, notice of retrenchment shall be sent within three days from the date on which such wages are paid; and बहार गजट (असाधारण), 1 जुलाई 2026 87 (c) where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retrenchment shall be sent so as to reach the State Government, and the Deputy Labour Commissioner of concerned area, at least one month before such date. Provided that if the date of termination of service agreed upon is within thirty days of the agreement, the notice of retrenchment shall be sent to State Government, and the concerned Deputy Labour Commissioner, within three days of the agreement.

Gazette / notified rule source

Clause / sub-rule explanation

Clause (a)

(a) where notice is given to a worker, notice of retrenchment shall be sent within three days from the date on which notice is served on the worker;

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (b)

(b) where no notice is given to the worker, and he is paid one month’s wages in lieu thereof, notice of retrenchment shall be sent within three days from the date on which such wages are paid; and बहार गजट (असाधारण), 1 जुलाई 2026 87

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (c)

(c) where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retrenchment shall be sent so as to reach the State Government, and the Deputy Labour Commissioner of concerned area, at least one month before such date. Provided that if the date of termination of service agreed upon is within thirty days of the agreement, the notice of retrenchment shall be sent to State Government, and the concerned Deputy Labour Commissioner, within three days of the agreement.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Who acts under this Rule?

  • Employer
  • Worker
  • State Government
  • Commissioner

Thresholds / timelines in the Rule

No standalone numeric/time threshold extracted from the notified rule text.

Practical application

Example: a matter before the Industrial Tribunal requires a procedural step under Rule 44. Counsel should identify who must file/act, the permitted evidence or report, and any deadline, then retain filing acknowledgement and the Tribunal's direction.

Compliance reading

Do not apply this Rule in isolation. Confirm the enabling Industrial Relations Code provision, defined terms, prescribed forms and any subsequent amendment, State notification or judicial interpretation. Where the Rule allocates a power to an authority, verify the currently notified competent authority before filing.

Q&A

What does Bihar Industrial Relations Rule 44 cover?

Rule 44 of the Industrial Relations (Bihar) Rules, 2026 operationalises Service of notice before retrenchment of the worker under clause (c) of. It belongs to the tribunal layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, State Government, Commissioner.

Is Rule 44 a Central or State rule?

It is a final Bihar State rule under the Industrial Relations Code, 2020. It should not be substituted for another State's rules or the Central Rules.

What should an employer or worker verify before acting?

Verify the Industrial Relations Code provision linked to the issue, the complete text of Rule 44, any prescribed form, the current Bihar Gazette and any later amendment/corrigendum.

Does the notified rule itself contain a timeline or threshold?

No standalone numeric threshold was automatically extracted from this rule; the operative condition may be qualitative or contained in a linked Code provision/form.

What evidence should be retained?

Keep the prescribed application/notice/form, proof of service or filing, authority acknowledgement/order and the internal record showing how the statutory trigger and deadline were checked.

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