Sections 93 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 93 protects a person who refuses to take part in an illegal strike or lock-out from expulsion, fines or disadvantage by a union or society. Section 94 says who may represent a worker or employer in proceedings under the Code, and restricts lawyers: none in conciliation, and in Tribunals only with consent and leave.
A person who refuses to take part in, or to continue in, an illegal strike or lock-out cannot be expelled, fined, penalised or put at a disadvantage by a Trade Union or society, despite its rules (s.93(1)). A worker may be represented by a union office-bearer, a federation office-bearer or, if not a union member, an authorised union office-bearer or fellow worker in the industry (s.94(1)); an employer by an association officer, a federation officer or an authorised officer of an association or another employer in the industry (s.94(2)). No party may use a legal practitioner in conciliation proceedings or before a Tribunal or National Industrial Tribunal (s.94(3)), except in a Tribunal or NIT with the other parties' consent and the Tribunal's leave (s.94(4)).
Section 93: protection of persons
Section 93 protects the member or worker who stays out of an illegal strike or lock-out. What makes a strike or lock-out illegal is in sections 63 and 64.
| Sub-section | Rule |
|---|---|
| 93(1) | No person refusing to take part or continue to take part in a strike or lock-out illegal under the Code shall, because of that refusal or any action taken under the section, be subject to expulsion from any Trade Union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be placed, directly or indirectly, under any disability or disadvantage compared with other members, anything in the union's or society's rules to the contrary notwithstanding. |
| 93(2) | Rules of a union or society requiring internal settlement of disputes do not apply to a proceeding to enforce a right or exemption under s.93. In such a proceeding the civil court may, instead of ordering restoration of an expelled person to membership, order payment out of the funds of the union or society of such sum as compensation or damages as it thinks just. |
What the protection covers
- Expulsion, fines, loss of benefits and any disadvantage are all barred if the cause is refusing to join or continue an illegal strike or lock-out. The protection does not extend to a legal strike.
- Union rules cannot override it. The section says so in terms.
- Remedy in court. Section 93(2) points to the civil court, and the court may award compensation or damages from the union's funds in place of reinstating the membership. This is one of the places where the civil court has a role; the general bar on civil courts in the Code is dealt with in section 97.
Penalties on the other side are in section 86(13) to (16). An office-bearer who coerces workers to join an illegal strike may also be acting in a way listed in the Second Schedule, Part II; see unfair labour practices by workers and unions. For background on strikes under the old Act, see strikes: legal and illegal.
Section 94: who can represent a party
Workers: s.94(1)
A worker who is a party to a dispute is entitled to be represented in any proceeding under the Code by:
| Clause | Representative |
|---|---|
| (a) | Any member of the executive or other office-bearer of a registered Trade Union of which he is a member |
| (b) | Any member of the executive or other office-bearer of a federation of Trade Unions to which that union is affiliated |
| (c) | Where the worker is not a member of any Trade Union: any member of the executive or other office-bearer of any Trade Union connected with, or any other worker employed in, the industry in which he is employed, authorised in the prescribed manner |
Employers: s.94(2)
An employer who is a party to a dispute may be represented by:
| Clause | Representative |
|---|---|
| (a) | An officer of an association of employers of which he is a member |
| (b) | An officer of a federation of associations of employers to which that association is affiliated |
| (c) | Where the employer is not a member of any association: an officer of any association of employers connected with, or any other employer engaged in, the industry in which he is engaged, authorised in the prescribed manner |
Legal practitioners: s.94(3) and (4)
| Forum | Rule |
|---|---|
| Conciliation proceedings | No party is entitled to a legal practitioner (s.94(3)) |
| Tribunal or National Industrial Tribunal | No party is entitled to a legal practitioner (s.94(3)), but a party may be represented by one with the consent of the other parties and with the leave of the Tribunal or NIT (s.94(4)) |
Two features stand out. First, the section speaks of "entitled": it denies a right to a lawyer. Second, s.94(4) speaks of proceedings before a Tribunal or NIT only; the text gives no equivalent exception for conciliation proceedings. The text does not mention Arbitrators in (3) and (4), so check the arbitration agreement and rules for that forum; see voluntary arbitration.
If you need help with a hearing, our legal dispute resolution team can advise on who may appear and prepare the authorisation.
Central Rules, 2026: rules 41 to 43
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) |
|---|---|
| 41 | A worker who is not a member of any Trade Union may authorise in Form VI a union executive member or office-bearer connected with the industry, or another worker employed in that industry, to represent him in a proceeding relating to a dispute in which he is a party. |
| 42 | An employer not a member of any association of employers may authorise in Form VI an officer of an association connected with the industry, or another employer engaged in it, to represent him. |
| 43 | A party appearing through a representative is bound by the acts of that representative. |
See rules 40 to 43 and Form VI. The rules implement clause (c) of s.94(1) and (2), the "authorised in such manner as may be prescribed" language. Rule 43 has a practical edge: what the representative concedes or agrees, the party is bound by, so choose the representative with care.
Example. A worker who is not in any union has a reference pending before a Tribunal. He signs a Form VI authorising a fellow worker in the same industry to represent him. Later, the employer's association officer appears for the employer. The employer also wants a lawyer. The worker's side does not consent. Section 94(4) requires the other party's consent and the Tribunal's leave, so the lawyer cannot appear. Separately, the union in the plant calls a strike that is illegal; a member who refuses to join it is protected under s.93 from being expelled or fined by the union.
Need help with representation in a dispute?
Who may speak for a worker or an employer, and whether a lawyer can appear, affects how a case is run from the first hearing. Our legal dispute resolution team can prepare Form VI authorisations, advise on the consent and leave route for counsel and appear where permitted. Bring the reference order and the hearing notice.
Key takeaways
- Refusing to join or continue an illegal strike or lock-out cannot lead to expulsion, fines or disadvantage, whatever union rules say.
- A civil court can award compensation from union funds instead of restoring membership.
- Workers may be represented by union or federation office-bearers or, if not in a union, an authorised person from the industry; employers by association officers.
- Legal practitioners are not allowed in conciliation; in a Tribunal or NIT only with other parties' consent and the Tribunal's leave.
- Central Rules: Form VI authorisation; a party is bound by its representative's acts.
Read next
- Sections 91 and 92: complaint of contravention and power to transfer proceedings
- Sections 95 and 96: removal of doubts and power to refer questions
- Sections 63 and 64: illegal strikes and lock-outs
- 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.