Section 44: Prohibition of employment of women in dangerous operations

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VIII: Special Provisions for Women Employment
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 44

Section 44 of the Occupational Safety, Health and Working Conditions Code, 2020 empowers the appropriate Government to appoint a competent person as a formal Court of Inquiry to investigate the causes and circumstances of fatal accidents, major explosions, or outbreaks of occupational diseases, vesting the inquiry with the full powers of a Civil Court.

  • Formal Court of Inquiry Appointment: Empowers the Central or State Government to appoint a judicial officer, senior technical expert, or specialized panel assisted by technical assessors to conduct a formal public investigation into severe industrial catastrophes.
  • Full Powers of Civil Court Under CPC: Vests the inquiry body with the powers of a Civil Court under the Code of Civil Procedure, 1908, including enforcing witness attendance, compelling production of documents, issuing discovery orders, and receiving evidence on affidavits.
  • Publication of Inquiry Findings & Judicial Accountability: Requires the inquiry panel to submit a comprehensive report detailing accident root causes, managerial failures, and technical defects; the Government may publish the report, which forms the basis for criminal prosecution and systemic safety reforms.
Key Landmark Precedents:
  • Union Carbide Corp. v. Union of India (1989) 2 SCC 540: Supreme Court affirmed that in industrial catastrophes, formal statutory courts of inquiry are vital to establish the objective truth, fix enterprise liability, and prevent corporate concealment of industrial negligence.
  • State of Gujarat v. Jethalal Ghelabhai Patel AIR 1964 SC 779: Supreme Court held that statutory inquiries into industrial disasters provide the authoritative evidentiary foundation for safety enforcement and public accountability.
Courtroom Practice & Strategic Litigation Guidance:

In catastrophic industrial incidents subject to a Section 44 Court of Inquiry, management must immediately retain senior legal counsel. Organize all maintenance logs, pre-incident engineering inspections, contractor training certifications, and standard operating procedures into an indexed, verified legal defense bundle to demonstrate comprehensive due diligence.