An industrial worker left his industry after his duty. He came back to the workplace after an hour to take back his articles which he was forgotten. He received serious injury in an accident at the time of taking his articles. The employer of the factory refused to pay compensation. Decide.

1. Whether the accident is 'in the course of employment'? YES

2. Whether the theory notional extension be applied? YES

3. Whether the contention of the employer is valid? NO

4. Whether the worker is entitled for compensation? YES

Theory of notional extension. It is not necessary that the accident has taken place within the work place, or even within working hours, but that the employment has some casual relationship with the cause of the accident.

Application:

This problem is related to the Theory of Notional Extension. The worker was doing something for the furtherance of the employer's business and not for his own benefit, it is a valid connection. It is not necessary that the accident has taken place within the workplace, or even within working hours, but that the employment has some casual relationship with the cause of the accident. Thus, the activity of the worker may not necessarily be exactly the same, but must be reasonably linked to the work that he is supposed to do.

Saurashtra Salt Manufacturing Co.Vs. Bai Valu Raja and Others, AIR 1958 C 881, it has been held that there may be some reasonable extension in both time and place and a work man may be regarded as in the course of his employer's premises.

BCCL Vs. Sri Smrit Mahato, 2003 LLR 34 (Jhar HC), it has been held that in order to be entitled for compensation, an employee must establish that the accident has casual connection with the employment.

Union of India, through GM Northern Railway Vs. Ifzal Hussain, 2010LLR 1235 (All HC), it has been held that 'in the course of employment ' means doing work for which workman is employed and is incidental to it.

Conclusion:

In the instant problem, the accident can be brought within the purview of in the course of employment by applying the theory notional extension be applied. Hence the worker is entitled for compensation.