Labour Law Project
LABOUR LAW PROJECT ON
Judicial interpretation of the expression „arising out of and in the course of employment‟
Prepared By
Shreya Prabhudesai
S.Y. L.L.M.
1
TABLE OF CONTENTS
Sr. No.
Particulars
Page No.
1.
Introduction
3
2.
Employer’s liability for
4-23
compensation
3.
Doctrine of Notional Extension
23-28
4.
Occupational Diseases
28-31
5.
Conclusion
32
6.
Bibliography
33
2
Judicial interpretation of the expression ‘arising out of and in the course of employment’
Introduction: The Workmen Compensation Act, 1923 is the first beneficial legislation for labour in India. While the trade unionism and collective bargaining were in the preliminary stage, the then
British Government enacted this statute for the welfare of labour and their bereaved families. It is essentially a social assistance measure, as it places the entire responsibility on the employer for the payment of compensation for death, permanent or partial and permanent disablement. This Act has total 36 sections and 4 schedules. Section 3 is the most important of the Act. It is the heart of the Act. It has five sub-sections.
OBJECT: The Workmen Compensation Act 1923, is the first legislation on labour welfare. The preamble of the Act says its object: „An Act to provide for the payment by certain classes of employers to their workmen, of compensation for injury by accident. Whereas it is expedient to provide for the payment of certain classes of employers to their workmen of compensation for injury by accident.‟
3
Section 3 in The Workmen ' S Compensation Act, 1923
3. Employer ' s liability for compensation.(1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter: Provided that the employer shall not be so liable-(a) in respect of any injury
Judicial interpretation of the expression „arising out of and in the course of employment‟
Prepared By
Shreya Prabhudesai
S.Y. L.L.M.
1
TABLE OF CONTENTS
Sr. No.
Particulars
Page No.
1.
Introduction
3
2.
Employer’s liability for
4-23
compensation
3.
Doctrine of Notional Extension
23-28
4.
Occupational Diseases
28-31
5.
Conclusion
32
6.
Bibliography
33
2
Judicial interpretation of the expression ‘arising out of and in the course of employment’
Introduction: The Workmen Compensation Act, 1923 is the first beneficial legislation for labour in India. While the trade unionism and collective bargaining were in the preliminary stage, the then
British Government enacted this statute for the welfare of labour and their bereaved families. It is essentially a social assistance measure, as it places the entire responsibility on the employer for the payment of compensation for death, permanent or partial and permanent disablement. This Act has total 36 sections and 4 schedules. Section 3 is the most important of the Act. It is the heart of the Act. It has five sub-sections.
OBJECT: The Workmen Compensation Act 1923, is the first legislation on labour welfare. The preamble of the Act says its object: „An Act to provide for the payment by certain classes of employers to their workmen, of compensation for injury by accident. Whereas it is expedient to provide for the payment of certain classes of employers to their workmen of compensation for injury by accident.‟
3
Section 3 in The Workmen ' S Compensation Act, 1923
3. Employer ' s liability for compensation.(1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter: Provided that the employer shall not be so liable-(a) in respect of any injury
Bibliography: Introduction: The Workmen Compensation Act, 1923 is the first beneficial legislation for labour in India Section 3 in The Workmen ' S Compensation Act, 1923 3