Insurance Court 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.
Chapter III of the Uttar Pradesh Code on Social Security Rules, 2026 (rules 38 to 50) governs the Employees' Insurance Court: how a second appeal reaches it, how the Court is constituted, how an application is presented and heard, what fees are paid, and how its order is executed. An employer may be an applicant or an opposite party in such a proceeding.
A second appeal from the Medical Board or Medical Appeal Tribunal is made within ninety days, extendable for sufficient reasons. A proceeding starts by a verified application in Form-I; the Court sends summons within twenty days for a day not later than fifteen days from issue. A dismissal or ex-parte order can be challenged within thirty days in Form-VI. An order is executed by an application in Form-X within one year.
The rule set
This article covers the Uttar Pradesh Code on Social Security Rules, 2026, as notified by notification no. 1431/XXXVI-3-2026-1399661 dated 27 August 2026. Later amendments and State notifications under these rules should be checked in the State Gazette. Rule 1(3) says the rules "shall come into force with effect from the date of its publication in the official Gazette". The earlier part of the rules is in our article on the notification and the State Boards.
The Central companion on the Court is rules 29 and 30 of the Central social security rules, and the claim rules are in rules 57 to 59. The Uttar Pradesh numbers differ. Where an employer is already a party to such a proceeding, our legal dispute resolution team can help with the application and written statement.
Rule 38: second appeal
An insured person or the Employees State Insurance Corporation may prefer a second appeal to the Court under section 37(7)(b) by presenting an application within ninety days of the date of communication of the decision of the Medical Board or the Medical Appeal Tribunal. The Court may entertain it after ninety days if satisfied that there were sufficient reasons for the delay. The State's rules on the form and manner of applications to the Court apply (rule 38(2)).
Rules 39 to 44: the Court itself
The Court ordinarily consists of one Judge; the State Government, after consulting the Corporation, may appoint two or more Judges for a particular proceeding by Gazette notification (rule 39). The Court sits where and when the State Government specifies after consultation with the Corporation. Rule 40 covers times of sitting where one Court serves several local areas, the rank of Judges where there are more than one (majority prevails, and failing a majority the senior-most Judge's opinion unless the Government directs otherwise), and abolition or change of jurisdiction by notification. Rule 41 has the State Government appoint a person qualified under section 48 of the Code as Judge, with salary, allowances and leave as the Government determines. Rule 42 covers ministerial and subordinate staff. Rule 43 places all Courts under the administrative control and superintendence of the High Court. Rule 44 requires a seal of the size and design the State Government directs.
Rule 45: the procedure in outline
Rule 45 is the working rule for the parties. In order:
- Application (45(1)): every proceeding under section 49 is started by an application, verified as a pleading in a Civil Court, with two copies, in Form-I, duly stamped, stating the Court, the applicant's and opposite party's names with father's name, age, occupation and residence, any minority or unsoundness of mind with the guardian, the cause of action and its date, the facts showing jurisdiction, an address for service, and the relief claimed. An application not in accordance with these particulars may be rejected.
- Documents (45(2)): documents relied on are attached; others are produced at or before the first hearing, with a list in Form-II. A late document is not admissible without the Court's permission.
- Register (45(3)): every application is entered in the register of proceedings in Form-III, serially numbered each calendar year.
- Place (45(4)): the Court where the opposite party resides, carries on business or works for gain, or where the cause of action wholly or partly arose.
- Summons (45(6)): within twenty days of receipt, the Court sends the opposite party a summons in Form-IV or Form-V, with a copy of the application, to appear on a day not later than fifteen days from issue. No summons is issued where the opposite party appears at presentation and admits the claim.
- Written statement (45(10)): the opposite party may, and if required shall, present a verified written statement with two copies and a list of documents in Form-II, dealing specifically with each allegation of fact. If it fails to present one within the time the Court prescribes, the Court may pronounce judgment against it (45(11)).
- Disablement question (45(9)): if a disablement question arises and no decision of a medical board or Medical Appeal Tribunal exists, the Court directs the Corporation to have it decided before proceeding.
- Non-appearance (45(14)): if neither party appears the Court may dismiss; if the applicant alone is absent, the Court may dismiss unless the opposite party admits the claim; if the opposite party alone is absent, the Court may proceed ex-parte. A dismissal or an ex-parte order can be challenged by an application in Form-VI within thirty days, with notice in Form-VII where the rule requires it.
- Witnesses (45(15)): a summons in Form VIII to a witness; the Court may require deposit of reasonable expenses.
- Adjournments (45(16)): each adjournment is to a day not more than fifteen days later, and once the hearing has begun it continues day to day until the witnesses in attendance are examined, unless reasons recorded in writing justify more.
- Order (45(22)-(26)): pronounced in open Court, dated and signed, with findings on each issue; a compromise is recorded and an order passed in accordance with it; save as section 52 provides, the order is final and binding.
Rules 46 to 48: costs, copies, execution and fees
Costs are in the Court's discretion (46(1)). A decree in Form-IX follows the order and states the costs (46(2)). Certified copies are supplied on a fee of two rupees per page, with a further two rupees per page for supply within forty-eight hours and a searching fee of two rupees per page for applications after twelve months (46(3)). The person in whose favour an order was passed applies in Form-X within one year to the Court that made it; the Court sends it to a Civil Court of competent jurisdiction for execution (47).
| Item | Rule | As printed |
|---|---|---|
| Fee on an application in a matter under section 49 | 48(1)(i) | Ten rupees |
| Fee on any other application (not a written statement called for by the Court) | 48(1)(ii) | Five rupees |
| Copy or translation of a document, order or decree | 48(1)(ii) proviso | Two rupees per page |
| Authorization for appearance on behalf of a party | 48(1)(iv) | Ten rupees |
| Filing certified copies of a document in the Court | 48(1)(v) | Five rupees |
| Collection of fees | 48(1)(vi) | By Court-fee stamps |
Rule 48(3) allows the Court to receive and register proceedings by paupers without payment or on part payment of fees and costs. Rule 49 applies the Code of Civil Procedure, 1908 and the Bharatiya Sakshya Adhiniyam, 2023 where the rules make no specific provision.
Rule 50: who may apply and where
A proceeding starts by an application by the Corporation, an aggrieved person or the employer of an establishment. It is instituted in the Court for the local area where the insured person was working when the dispute arose. The Court may transfer a matter to another Employees' Insurance Court in the State, and the State Government may transfer to a Court in another State with that State's consent.
A worked example
A manufacturer in Kanpur is the opposite party in an application by an insured person. A summons in Form-IV arrives. The firm files a verified written statement with two copies and a list of documents in Form-II before the first hearing, deals with every factual allegation, attends on the fixed date through an authorised representative, and, after the order, checks the one-year window for Form-X if it is the party who must execute.
Common lapses
- Missing the ninety-day period for a second appeal without recording the reasons for delay.
- A written statement that does not deal specifically with each allegation.
- Producing documents after the first hearing without the Court's permission.
- Not applying in Form-VI within thirty days to set aside an ex-parte order.
Need help before the Employees' Insurance Court?
If your establishment has received a summons or you want to bring an application, our legal dispute resolution team can prepare the documents list and the written statement within the printed periods. The fifteen-day and thirty-day clocks are short.
Key takeaways
- Second appeal within ninety days of communication of the Medical Board or Tribunal decision (rule 38).
- Applications are verified, in Form-I, with two copies, and entered in Form-III.
- Summons within twenty days; appearance not later than fifteen days from issue.
- Challenge dismissal or ex-parte orders within thirty days in Form-VI.
- Execute an order within one year by Form-X; fee amounts are printed in rule 48.
Read next
- Uttar Pradesh Code on Social Security Rules, 2026: the notification and the State Boards
- Uttar Pradesh Code on Social Security Rules, 2026: maternity benefit and employee's compensation
- Rules 29 and 30 of the Central social security rules: Employees' Insurance Court proceedings
- Uttar Pradesh Code on Social Security Rules, 2026: gratuity nomination, application and appeal
Disclaimer: Based on the State or Union territory rules named above, as notified under the Labour Codes and consulted on 4 October 2026. Later amendments, State notifications, fees and forms should be checked in the State Gazette and on the State labour department website. This article is general information, not legal advice; check the official text before acting.