PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Use factoHR and automate your HR processes
Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.
rkn61Doctrine of Notional Extension is an exhaustive subject, if you are keen to
learn and understand the same.
I am just reproducing an abstract of Doctrine of Notional Extension, to understand,
to get an idea, about the same.
Doctrine of Notional Extension With Respect to Employees’ Compensation
The liability of the employer for compensation has been laid down in Sec 3 of The Workmen Compensation Act,1923. One essential element of that provision is the clause ‘arising out of and in the course of the employment’. This subject focuses on the meaning and judicial interpretation of this clause. The compensation payable to the injured worker under the Workmen Compensation Act, 1923 and Employee’s State Insurance Act, 148 is decided according to the doctrine of notional extension developed by the courts. The purpose of this subject is to find out the maximum protection provided to the employees under the defined limits of the establishment during the course of employment. The doctrine of notional extension provides that in order to attract the provisions of the said Acts there should be a causal connection between place of accident and place of work. It also sets out the cases where the employer would not be liable to pay compensation to the employees or its dependants.
From India, Aizawl
As explained by Mr.R.K.Nair, the doctrine of notional extension of employment is a principle developed by the higher judiciary in order to expand the scope of the application of the EC Act,1923 to employment accidents resulting in death or permanent total or partial disability of the employee in respect of time or place of employment.
In fact, this doctrine revolves around the reasonably expanded nexus between the cause of the accident and the employment in respect of the time or place of the accident or both. Thus under certain circumstances, the causal connection between the accident and the employment can be notio ally extended with reference to the time or place of the accident. In other words, the time or place of the accident or both should be so proximate to the hours or nature of employment or both so as to give a wider interpretation to the term ' work' as generally understood.
The opposite of this principle is " the doctrine of added peril " founded by the Judiciary in order to release the employer from the liability of paying compensation under certain circumstances. Here, more importance is given to the place of accident whether the employee by his presence in such a place exposes himself to the risk like any other member of the public.
To understand better, you should go through the texts of judgments by different High Courts and the Supreme Court of India.
From India, Salem