AIR 1964 SUPREME COURT 193 ::1964 7 FacLR 310 ::1963 2 LabLJ 615 ::1963-64 25 FJR 66 ::1964 3 SCR 930 ::1966 Bom LR 367

Supreme Court Of India

(From Bombay)*

Hon'ble Judge(s): K. Subba Rao, Raghubar Dayal, J. R. Mudholkar , JJJ

Workmens Compensation Act (8 of 1923) , S.3(1)— "Accident arising out of and in the courseof his employment" - Notional extension of employer's premises - Drivers of B. E. S. T. Undertaking given free transport facility in buses belonging to the Undertaking from depot to his house and vice versa - Driver meeting with accident while going home from depot - Accident held occurred during course of employment. Per Majority; Raghubar Dayal J. contra: Under S. 3(1) the injury must be caused to the workmen by an accident arising out of and in the course of his employment. The question, when does an employment begin and when does it cease, depends upon the facts of each case. But the Courts have agreed that the employment does not necessarily end when the "down tool" signal is given or when the workman leaves the actual workshop where he is working. There is a notional extension at both the entry and exit by time and space. The scope of such extension must necessarily depend on the circumstances of a given case. An employment may end or may begin not only when the employee begins to work or leaves his tools but also when the used the means of access and egress to and from the place of employment. A contractual duty or obligation on the part of an employee to use only a particular means of transport extends the area of the field of employment to the co....