TMI Blog1958 (4) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... ti, S J Imam, P Gajendragadkar JJJ. JUDGMENT S. Jafer Imam, J. 1. Special leave to appeal was granted in this case upon the appellant giving an undertaking not to claim any refund of the compensation moneys already paid in pursuance of the order dated 31-1-1953, passed by the Commissioner for Workmen's Compensation at Junagadh and to pay in any event the respondents their costs of the appeal. 2. The appellant is the Saurashtra Salt Manufacturing Co. It employs workmen both temporary and permanent. The salt works of the appellant is situated near a creek opposite to the town of Porbandar. There are at least two ways to go to the salt works from the said town, one an over land route nearly 6 to 7 miles long and the other via the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ference thereto. The above-mentioned map, Ex. 35, was prepared accordingly. 4. In the evening of 12-6-1952, a boat carrying certain workmen, who had been employed that day by the appellant, while crossing the creek from point B to point A capsized due to bad weather and over-loading. The accident took place when the boat had practically reached point A of the map, Ext. 35. As the result of the accident some of the workmen were drowned resulting in 7 cases for compensation being filed under the Workmen's Compensation Act. Of these, one was dismissed and compensation was awarded to the dependants of the drowned workmen in the other cases. 5. The Commissioner for Workmen's Compensation found that the accident arose out of and in the course ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to the dependants of the drowned workmen. It is also unnecessary to consider whether the workmen were on temporary employment as they were workmen within the definition of the "Workman" in the Workmen's Compensation Act. 7. As a rule, the employment of a workman does not commence until he has reached the place of employment and does not continue when he has left the place of employment, the journey to and from the place of employment being excluded. It is now well-settled, however, that this is subject to the theory of notional extension of the employer's premises so as to include an area which the workman passes and repasses in going to and in leaving the actual place of work. There may be some reasonable extension in both time and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e such evidence recorded. In their opinion, on the material as already on the record, it must be held that the accident arose out of and in the course of the employment of the deceased workmen. In this Court, as already stated, we considered it necessary to have evidence taken in this connection and findings recorded thereon. The findings, on the evidence so recorded, is quite clear that there was no arrangement between the appellant and the Kharvas to ferry to and from the salt works, across the creek, any workman of the appellant. According to the evidence, workmen of the salt works are charged by the Kharvas when they cross the creek in their boats. The only concession made by them on their own account is not to make such a charge in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for him to be there. A workman is not in the course of his employment from the moment he leaves his home and is on his way to his work. He certainly is in the course of his employment if he reaches the place of work or a point or an area which comes within the theory of notional extension, outside of which the employer is not liable to pay compensation for any accident happening to him. In the present case, even if it be assumed that the theory of notional extension extends upto point D, the theory cannot be extended beyond it. The moment a workman left point B in a boat or left point A but had not yet reached point B, he could not be said to be in the course of his employment and any accident happening to him on the journey between these t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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