Sections 91 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.
Section 91 lets an employee complain in writing when an employer breaks section 90 during a pending dispute; the conciliation officer takes the complaint into account in mediation, and an Arbitrator or Tribunal adjudicates it as if it were a dispute referred to it. Section 92 lets the Government withdraw and transfer Tribunal proceedings and empower State Tribunals for Central cases.
Where an employer contravenes s.90 while proceedings are pending before a conciliation officer, Arbitrator, Tribunal or National Industrial Tribunal, any employee aggrieved may make a written complaint in the prescribed manner: to the conciliation officer, who must take it into account in mediating and promoting settlement, or to the Arbitrator, Tribunal or NIT, who must adjudicate it as if it were a dispute referred to or pending before it and submit an award to the appropriate Government. Under s.92 the appropriate Government may withdraw and transfer a Tribunal proceeding by written order with reasons; the Central Government can move a case to a National Industrial Tribunal and empower State Tribunals to hear Central cases. Central Rules: complaints go in Form XVI.
Section 91: the complaint
Section 91 is the remedy for a breach of section 90. That section bars prejudicial changes in service conditions and punishment connected with a pending dispute without the authority's written permission, and requires approval for certain dismissals.
| Element | What the text says |
|---|---|
| Trigger | An employer contravenes s.90 during the pendency of proceedings before a conciliation officer, Arbitrator, Tribunal or NIT |
| Who complains | Any employee aggrieved by the contravention (the text says "employee", not "worker") |
| Form | In writing, in the manner prescribed |
| Route (a) | To the conciliation officer, who shall take the complaint into account in mediating and promoting settlement of the dispute |
| Route (b) | To the Arbitrator, Tribunal or NIT, which shall adjudicate on receipt as if it were a dispute referred to or pending before it, under the Code, and submit its award to the appropriate Government; the Code's provisions apply accordingly |
Two routes, two outcomes
- Before a conciliation officer the complaint feeds into mediation. The officer does not adjudicate; the complaint is a factor in promoting a settlement. See conciliation officers and Tribunals.
- Before an Arbitrator, Tribunal or NIT the complaint becomes a separate adjudication, decided by an award that goes to the appropriate Government. The consequences that follow an award, including publication and enforceability, are in the provisions on awards; see form of award and commencement and persons bound by settlements and awards.
Points to note
- The complaint goes to the same authority before which the main dispute is pending.
- The text gives no time limit for the complaint, so file promptly and keep dates. The Central Rules add a six-month limit only for offence complaints to the enquiry officer under rule 44(13); that is a different complaint.
- Section 91 concerns the civil remedy for the worker. A separate prosecution for an offence requires a complaint by the appropriate Government under s.87; see sections 87 and 88.
Our legal dispute resolution team can help draft or answer a complaint of this kind.
Central Rules, 2026: rule 40 and Form XVI
These rules apply to Central-sphere establishments. Where the State Government is the appropriate Government, the State's own rules apply.
| Rule | Requirement (G.S.R. 342(E), 8 May 2026) |
|---|---|
| 40(1) | Every complaint under s.91 is made in Form XVI, electronically or by speed post, with as many copies as there are opposite parties named. |
| 40(2) | The complaint is verified by the aggrieved employee or by the authorised representative of the employee, to the satisfaction of the conciliation officer, Arbitrator, Tribunal or NIT, acquainted with the facts. |
See rules 40 to 43 and Form XVI.
Section 92: power to transfer certain proceedings
| Sub-section | Rule |
|---|---|
| 92(1) | The appropriate Government may, by order in writing and for reasons stated, withdraw any proceeding under the Code pending before a Tribunal and transfer it to another Tribunal for disposal. The receiving Tribunal may, subject to special directions in the order, proceed de novo or from the stage at which it was transferred. |
| 92(2) | The Central Government may, by order in writing with reasons, withdraw any proceeding pending before a Tribunal constituted by the Central Government or the State Government and transfer it to a National Industrial Tribunal, which may proceed de novo or from the stage of transfer. |
| 92(3) | The Central Government may, by notification and for reasons stated, empower a Tribunal constituted by the State Government to entertain and dispose of cases arising within its jurisdiction under the Code where the appropriate Government is the Central Government. |
What each sub-section does
- 92(1) is a general administrative power: one Tribunal to another. The Government must give written reasons in the order. It is for Tribunals; the text does not extend it to conciliation officers or Arbitrators.
- 92(2) is an escalation route: Tribunal to National Industrial Tribunal, at the instance of the Central Government only. Establishing the NIT is covered in sections 45 and 46.
- 92(3) solves a practical gap: Central-sphere disputes can be heard by a State-constituted Tribunal if the Central Government notifies it with reasons. The text does not say how long a notification lasts.
Practical consequences
- A party should expect the stage of proceedings to depend on the transfer order: the text lets the new Tribunal go de novo or continue from the stage reached, "subject to special directions in the order of transfer". Read the order for the direction.
- Jurisdiction may change while a s.91 complaint is pending; the complaint follows the Tribunal that has the proceeding, but the text does not spell this out, so confirm with the order.
- For Tribunal powers and procedure, see section 49 and sections 50 to 52, which include a transfer of pending cases provision of their own.
Example. A dispute on bonus is pending before an Industrial Tribunal. During the hearing the employer transfers a worker concerned in the dispute to a distant plant without the Tribunal's permission. The worker files Form XVI, verified, with a copy for the employer, before the Tribunal. The Tribunal treats it as a dispute referred to it, hears both sides and sends its award to the appropriate Government. Had the main dispute been pending only before a conciliation officer, the complaint would go to that officer, who would weigh it in mediation.
Need help with a section 91 complaint?
The stage of the main dispute decides where the complaint goes, and the facts decide whether section 90 was breached. Our legal dispute resolution team can prepare Form XVI, check the verification and track the complaint before the right authority. Bring the order or notice in the main proceeding and the employer's action complained of.
Key takeaways
- Section 91 gives any aggrieved employee a written complaint against a breach of s.90.
- A conciliation officer takes it into account in mediation; an Arbitrator, Tribunal or NIT adjudicates it as a dispute and submits an award.
- Central Rules: Form XVI, electronic or speed post, verified, with copies for opposite parties.
- Section 92 allows written, reasoned transfers between Tribunals and up to a National Industrial Tribunal.
- The Central Government may empower State Tribunals to hear Central cases by notification.
Read next
- Section 90: conditions of service to remain unchanged during pendency of proceedings
- Sections 93 and 94: protection of persons and representation of parties
- Sections 43 and 44: conciliation officers and Industrial Tribunals
- Rules 40 to 43: complaint, authorisation and representatives
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.