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