Employment Injury and the Doctrine of Notional Extension of Employment : A Miss or Kiss
By
M. M. Ahuja
The purpose of this write up is to discuss and analyse the doctrine of notional extension of employment in cases of employment injury in the light of a recent judgment of a Full Bench of the Apex Court in the case of Regional Director Employees State Insurance Corpn. v. Francis De Costa as reported in the 1996 Lab IC 2720 : AIR 1997 SC 432.
The hack drop of the above case is the judgment in the case of Employees' State Insurance Corpn. v. Francis De Costa, (1993) 1 Lab LN 6 (SC), wherein a Division Bench of the Hon'ble Supreme Court held divergent views on the meaning and ambit of the expressions "in the course of employment and arising out of employment" and the tests to determine as to when injury sustained by a workman can he said to be employment injury.
The case related to a workman whom injury was caused by accident on public road while on his way to join duty just fifteen minutes before reporting to duty at a distance of about one km. from factory pr ....