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Section 93: Appearance of parties

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 92 All 163 Sections of Code on Social Security, 2020 Section 94

Legal Commentary & Landmark Judgments: Section 93

Section 93 of the Code on Social Security, 2020 governs the legal representation and appearance of parties before the Competent Authority, permitting representation by legal practitioners, registered trade union functionaries, employer association officials, and designated welfare officers.

  • Statutory Locus of Representation: Provides that any appearance, application, or act required to be made or done by any person before a Competent Authority may be made or done on behalf of such person by a legal practitioner or by an official of a registered Trade Union or an official of an employers' association authorized in writing.
  • Dispensation with Onerous Industrial Representation Bars: Unlike Section 36 of the Industrial Disputes Act, 1947 (or Section 53 of the Industrial Relations Code, 2020), which imposes restrictive consent barriers on legal practitioners, Section 93 recognizes the unrestricted right of injured workers and employers to engage advocates before the Competent Authority.
  • Representation of Destitute Dependents by Inspectors-cum-Facilitators: Authorizes the appropriate Government or the Competent Authority to permit an Inspector-cum-Facilitator or authorized legal aid counsel to appear, prosecute, or represent destitute dependents, illiterate families, or disabled contract labourers without requiring power of attorney.
  • Written Authorization and Power of Attorney Standards: Mandates that non-advocate representatives (such as trade union secretaries or corporate HR executives) must file a formally verified letter of authorization or board resolution on official letterhead prior to entering appearance.
Key Landmark Precedents:
  • Paradip Port Trust v. Their Workmen (1977) 2 SCC 339: The Supreme Court analyzed the statutory boundaries of representation in labour forums, ruling that representation by authorized office-bearers is a statutory right designed to level the unequal bargaining field between capital and labour.
  • Bar Council of India v. High Court of Kerala (2004) 6 SCC 311: The Supreme Court affirmed that advocates possess a general statutory right to practice before all courts and statutory tribunals under Section 30 of the Advocates Act, 1961, unless an enactment contains an explicit and valid statutory prohibition.
  • Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate 1958 SCR 1156: Established that trade unions have a vital legal interest in espousing and representing the socio-economic rights of workers and dependents before statutory labour authorities.
Courtroom Practice & Strategic Litigation Guidance:

Trade union representatives appearing for deceased workers' families must file their registered trade union registration certificate and formal written authorization from the dependents at the first appearance. Corporate employers should execute a special Power of Attorney in favor of both retained legal counsel and the Head of HR to ensure uninterrupted representation. Ensure that every authorized representative is prepared to produce physical records immediately to avoid ex-parte proceedings.

Section 92 All 163 Sections of Code on Social Security, 2020 Section 94