Sanjay & Ors vs Vinod Kumar & Anr

Court
Punjab and Haryana High Court

1 CM-20476-CII-2016 IN/ AND FAO-6030-2016 (O&M)



IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-20476-CII-2016 IN/AND
FAO-6030-2016 (O&M)
Date of Decision: 27.08.2026

SANJAY AND OTHERS ...Appellants
V/S
VINOD KUMAR AND ANOTHER ..Respondents

CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Harinder Singh Sandhu, Advocate
for the appellants.

Mr. D.K. Tuteja, Advocate for respondent No.1.

Mr. Paul S. Saini, Advocate for the respondent No.2.
-.-

HARKESH MANUJA, J. (ORAL)

CM-20475-CII-2016
Prayer in the present application is for condonation of delay of 137
days in filing the appeal.
Notice of the application was issued as far back as on 24.10.2017.
However, despite passage of about nine years, no reply has been filed.
For the reasons mentioned in the application, which is duly
supported by an affidavit, sufficient cause is made out for condoning the
delay. Accordingly, the application is allowed and delay of 137 days in
filing the appeal is condoned.
CM-20478-CII-2016
Prayer in the present application is for placing on record the School
Leaving Certificate of the deceased as Annexure A-1.
No reply has been filed to the application.
TEJWINDER SINGH
2026.09.03 09:37
I attest to the accuracy and
integrity of this document

2 CM-20476-CII-2016 IN/ AND FAO-6030-2016 (O&M)


I have heard learned counsel for the parties and gone through the
paper-book.
Instead of going into technicalities and adopting a pragmatic
approach, this Court is of the view that although the application has not
been filed specifically under Order XLI Rule 27 CPC, the proceedings
arising under the Employees' Compensation Act, 1923 are intended to
provide expeditious and substantive relief to the claimants. The strict
technicalities governing reception of evidence in ordinary civil proceedings
cannot be permitted to defeat consideration of a relevant and otherwise
admissible document. The School Leaving Certificate, Annexure A-1, is a
relevant document for determining the age of the deceased and no
prejudice would be caused to the respondents by taking the same on
record, particularly when no reply has been filed opposing the prayer.
Accordingly, the application is allowed. The School Leaving
Certificate, Annexure A-1, is taken on record and shall be read as Ex.A-1 .
MAIN CASE
1. By way of the present appeal, the appellants have challenged the
award passed by the learned Commissioner under the Employees'
Compensation Act, 1923, primarily with regard to the computation of
compensation and non-consideration of the question of penalty under
Section 4A(3)(b) of the Act.
2. I have heard learned counsel for the parties and gone through the
paper-book.
3. The first question which arises for consideration is regarding the
age of the deceased. The learned Commissioner proceeded by taking the
age of the deceased as 48 years and, accordingly, applied the relevant
factor of 159.80. However, the School Leaving Certificate, now taken on
TEJWINDER SINGH
2026.09.03 09:37
I attest to the accuracy and
integrity of this document

3 CM-20476-CII-2016 IN/ AND FAO-6030-2016 (O&M)


record as Ex.A-1, records the date of birth of the deceased as 21.02.1964 .
The said document has not been controverted by the respondents.
Accordingly, the age of the deceased is required to be reckoned on the
basis of Ex.A-1. Consequently, the deceased was 47 years of age and
the relevant factor applicable under Schedule IV to the Employees'
Compensation Act, 1923 is 163.07 , instead of 159.80. The learned
Commissioner assessed the monthly wages of the deceased at Rs.8,000/-
. Accordingly, 50% thereof comes to Rs.4,000/- per month and, applying
the relevant factor of 163.07, the compensation payable comes to
Rs.4,000 × 163.07 = Rs.6,52,280/- . Thus, the appellants are held entitled
to compensation of Rs.6,52,280/- , subject to adjustment of the amount, if
any, already paid/deposited by the respondents. The appellants shall also
be entitled to statutory interest in accordance with Section 4A(3)(a) of the
Employees' Compensation Act, 1923, as already awarded by the learned
Commissioner.
4. The appellants have further urged that although the learned
Commissioner accepted the claim petition and awarded compensation
with interest, the question of imposition of penalty upon the employer
under Section 4A(3)(b) of the Employees' Compensation Act, 1923 was
left unaddressed. Section 4A(3)(b) of the Act reads as under:-
“4A. Compensation to be paid when due and penalty
for default .
1. xxx xxx xxx
2. xxx xxx xxx
(3) Where any employer is in default in paying the
compensation due under this Act within one month from
the date it fell due, the Commissioner shall—
(a) xxx xxx xxx
TEJWINDER SINGH
2026.09.03 09:37
I attest to the accuracy and
integrity of this document

4 CM-20476-CII-2016 IN/ AND FAO-6030-2016 (O&M)


(b) if, in his opinion, there is no justification for the
delay, direct that the employer shall, in addition to the
amount of the arrears and interest thereon, pay a further
sum not exceeding fifty per cent. of such amount by way of
penalty:
Provided that an order for the payment of penalty
shall not be passed under clause (b) without giving a
reasonable opportunity to the employer to show cause why
it should not be passed.”

5. In such circumstances, without commenting upon merits of the
appeal, the matter is remanded to the learned Commissioner for a limited
purpose to consider and adjudicate the question of imposition of penalty
under Section 4A(3)(b) of the Employees' Compensation Act, 1923
against respondent No.1-employer while upholding the grant of
compensation and interest awarded in favour of claimants. The needful
exercise be done by affording due opportunity of hearing to the parties
concerned after putting them to notice.
6. The learned Commissioner shall issue due notice to the
concerned parties and afford them adequate opportunity of hearing before
taking a decision on the said issue. It is clarified that the learned
Commissioner shall not reopen the findings which have attained finality
and shall confine the proceedings strictly to the question of penalty under
Section 4A(3)(b) of the Act.
7. The appellants shall appear before the learned Commissioner on
___/09/2026 . The proceedings be concluded within six months thereafter
or else the claimant-appellant shall be entitled to seek necessary
directions regarding imposition of cost on the authority from this Court in
this appeal.
8. Disposed of in the above terms.
TEJWINDER SINGH
2026.09.03 09:37
I attest to the accuracy and
integrity of this document

5 CM-20476-CII-2016 IN/ AND FAO-6030-2016 (O&M)


9. Pending miscellaneous application(s), if any, shall also stand
disposed of.

27.08.2026 (HARKESH MANUJA)
Tejwinder JUDGE

Whether speaking/reasoned Yes/No
Whether reportable Yes/No

TEJWINDER SINGH
2026.09.03 09:37
I attest to the accuracy and
integrity of this document