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Section 90: Form of application

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Employee's Compensation
Competent Labour Forum
Act No. 36 of 2020
Section 89 All 163 Sections of Code on Social Security, 2020 Section 91

Legal Commentary & Landmark Judgments: Section 90

Section 90 of the Code on Social Security, 2020 governs the form, verification, and mandatory particulars of an application for compensation, establishing that procedural technicalities shall not defeat substantive statutory claims for workplace death or disability.

  • Prescribed Electronic and Physical Application Format: Mandates that an application to a Competent Authority shall be made in such electronic or physical form and verified in such manner as may be prescribed by the appropriate Government, accompanied by the prescribed fee, statement of facts, and medical disability certificates.
  • Essential Statutory Particulars Required: Every application must set out: (a) a concise statement of the circumstances in which the accident occurred and the resulting injury; (b) the date of service of notice of the accident on the employer (or reasons for omission); (c) the names and addresses of all parties; and (d) the relief claimed alongside computation of wages.
  • Mandatory Pre-Application Conciliation Attempt: Enacts that no application shall be entertained unless questions have arisen between the parties which they have been unable to settle by mutual agreement; the application must expressly aver that a formal claim was served upon the employer and was met with denial, evasion, or failure to settle within statutory timeframes.
  • Condonation of Technical Defects and Substantive Relief: Vests wide curative power in the Competent Authority to permit rectification of procedural defects, amendment of pleadings, or addition of necessary parties without rejecting the application on hyper-technical procedural objections.
Key Landmark Precedents:
  • Kamla Chaturvedi v. National Insurance Co. (2009) 1 SCC 487: The Supreme Court reiterated that compensation proceedings are benevolent summary inquiries where substantive justice cannot be sacrificed at the altar of procedural technicalities or minor pleading defects.
  • National Insurance Co. Ltd. v. Mastan (2006) 2 SCC 641: The Supreme Court held that the statutory requirements of an application are intended to place the essential facts before the authority and insurer, and once notice and causal connection are established, the authority must adjudicate the quantum on statutory tables.
  • Pratap Narain Singh Deo v. Srinivas Sabata (1976) 1 SCC 289: The Supreme Court held that the employer's liability to pay compensation falls due on the date of the accident itself, and cannot be postponed until the formal filing or adjudication of an application under the Act.
Courtroom Practice & Strategic Litigation Guidance:

Claimant advocates must ensure that applications under Section 90 strictly annex certified copies of the First Information Report (FIR), medico-legal disability certificate from an authorized medical board, wage slips, and postal proof of notice served on the employer. Defense counsel representing employers should scrutinize whether the mandatory condition of pre-existing dispute or disagreement was satisfied; if the employer was never approached with a formal claim prior to filing, an application for stay or referral to conciliation can be maintained to avoid unjustified penalty interest.

Section 89 All 163 Sections of Code on Social Security, 2020 Section 91