The Excise Department gave an advertisement in the newspaper for certain vacancies of subordinate staff under the signature of Bhuwan. In the advertisement it was clearly mentioned that such staff will be paid the daily

Section 2(8) of the Employees' State Insurance Act, 1948 defines employment injury as a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India. It is well settled that an employment injury need not necessarily be confined to any injury sustained by a person within the premises or the concern where a person works. Whether in a particular case, the theory of notional extension of employment would take in the time and place of accident so as to bring it within an employment injury, will have to depend on the assessment of several factors. There should be a nexus between the circumstances of the accident and the employment. On facts, no case could be an authority for another case, since there would necessarily be some differences between the two cases. Therefore, each case has to be decided on its own facts. It is sufficient if it is proved, that the injury to the employee was caused by an accident arising out of and in the course of employment no matter when and where it occurred. There is not even a geographical limitation. In E.S.I. Corporation Indore v. Babulal, 1982 Lab. I.C. 468, the M.P. High Court held that injury arose out of employment where a workman attending duty in spite of threats by persons giving a call for strike and was assaulted by them while returning after his duty was over. Based on the aforementioned provisions and case law, it can be concluded that when a strike was initiated by certain employees and a worker, Rohit, chose to fulfill his work duties despite facing threats from those participating in the strike, he ultimately sustained an injury to an assault by the striking employees upon his departure from work. This injury is considered to have arisen out of his employment, in accordance with the Employees' State Insurance Act, 1948.