The Doctrine of Notional Extension Case Study | ESI-WCA

  • Weaver v. Tredegar Iron Coal Co. The judges who sat for listening to the case said after examining the authorities we have seen that the duty can be explained as it has a very wider meaning but did not neglect the test
  • In this case, it is said that the LORD ATKIN the course of employment cannot be limited to the time or place of a specific form which the workmen are actually employed to do so. It does not completely end here even if the down tools signals are given or from the workshop from he just left
  • There are some reasonable extensions in both time and space. For e.g. it is given by Porter it is said that if the accident happens while the worker is coming to work at its workplace or leaving the workplace can be out of in the course of employment if he is bound by the agreement or any term of contract express or implied here heredity test was examined and lastly it was confirmed
  • Here is a social point of view it is more liberal and the court also took a very liberal stand in expanding the definition of notional extension realizing the social point of view and the objective of the act.
  • Here the employee died on its way to while going to its work because of a communal riot. It was said by the appellant that the person died before the commencement of the work and outside of the workplace.

Basically there is no connection between the accident and employment. As far it is concerned The High Court of Madras has neglected all this argument and allowed the compensation

  • SECTION 3(2): If a workman employed in any course of employment in part contracts any diseases or any occupational diseases during employment or if a worker is employed by an employer not less than six months of employment and in this, no other service contract should be made under the employment
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As it goes the same with part B and Part C. The central government may say that in the respect of such employment the contracting of the diseases should be and the injury or an accident caused during then it should be deemed under this section unless the contrary is proved and the accident should arise during the course of employment here if it is proved:

  • (a) When a worker is employed and is contracted with any diseases specified under the occupational disease peculiar to the employee during a continuous period which is less than the period mentioned in the section for that employment.
  • (2A) If a worker is employed in the employment specified under the part of schedule 3 contracts to any occupational disease peculiar to that employment, the contract is said to be an injury by accident within the meaning under this section, , and such employment was under more than one employer, and here all ten employers are liable for the payment of compensation in such a manner as said by the commissioner may say, and according to the circumstances as it may deem fit as the situation says

Here the doctrine of notional extension is not specifically enriched under the Employees State Insurance Act 1948 or Workmen Compensation Act. The notional Extension is yet to be amended any one act is to be amended and if any accident happens outside the premises within a radius of kilometer of the workplace and its working hours it will be considered as an employment injury.

same logic will be applicable for the acts as workmen act and the other. If the accident happens in the company’s provided vehicle, irrespective of the location and time it is known as the employment injury as per the Employees Compensation Act

Shivam Jha

HR Ignite

(Industrial relation Advisor and professional)

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