Manjit Kaur Widow Of Late Balraj Singh ... vs The Employee State Insurance ... on 12 March, 2012
5. It would be seen, therefore, that the employment injury
need not necessarily be in the place of employment. It need not again
be within the hours of employment itself. Certain notional extension is
always possible so long as the proximity to employment in terms of time
and place exist. In this case, the petitioner was well within the duty
hours but was going towards home after leaving the bus at the shed and
he had perforce to return to his place of employment. Learned Senior
Counsel appearing for the petitioner also refers to a judgment of the
Kerala High Court in Management of Oriental Transport Ltd. Vs. B.T.
Ramakrishna and another etc. 2006(1) SCT 228 where a workman
C.W.P. No.4012 of 2004 -4-
staying in a bus for commencing his trip early morning went out to take
bath but drowned in the stream while taking bath before commencing
his duty. The Division Bench held that it must be taken as an accident
arising out of his employment.