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High Court of Punjab and HaryanaFAO/5660/2015dismissed

Gulab Printing Press v. Mithlesh Yadav And ANR

2025-09-17Mr. Justice Pankaj Jain2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO- (O&M) Date of decision : 17.09.2025 Gulab Printing Press ...... Appellant

Versus

Mithlesh Yadav & anr.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Mohit Jaggi, Advocate for Mr. Sanjeev Gupta, Advocate for the appellant.

(Through video conferencing) None for respondent No.2.

*** PANKAJ JAIN, J. (ORAL) Challenge is to order dated 04.06.2015 passed by the Commissioner, U.T., Chandigarh under the Employees' Compensation Act, 1923 (for short 'the Act'), whereby the application filed by the appellant for treating Issue No.3 as a preliminary issue stands rejected. Respondent No.1 filed a claim application seeking compensation on account of the injury suffered by him in an accident and during the course of employment. During the course of proceedings, the present application was moved, whereby the management relying upon alleged agreement dated 25.06.2012 claimed that the claimant having already accepted amount in lieu of the injury suffered by him cannot maintain the present claim petition. Further prayer was that issue with respect to the alleged agreement dated 25.06.2012 be treated as a POOJA SHARMA 2025.09.19 15:38 I attest to the accuracy and integrity of this document

preliminary. The application stands dismissed by the Commissioner vide impugned order.

Counsel for the appellant is not in a position to dispute that, in view of provision as contained under Section 17 of 1923 Act, even if the agreement dated 25.06.2012 is taken on its face value, the same shall not have an effect of removing or reducing the liability of the management and the same is null and void in terms of the law. In view of above, finding no merits in the present appeal, the same is ordered to be dismissed.

Pending miscellaneous application, if any, also stands disposed off.

( PANKAJ JAIN ) 17.09.2025 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POOJA SHARMA 2025.09.19 15:38 I attest to the accuracy and integrity of this document