In deciding the liability of employer in case of accident of employee, discuss the concept of national extension of employment.

According to Section 3 of the Employee's Compensation Act, 1923, to make the employer liable it is necessary that the injury caused to an employee by an accident must have arisen out of and in the course of employment. It is well settled that the concept of "duty" is not limited to the period of time the workman actually commenced his work and the time he downs his tools. It extends further in point of time as well as place. But there must be nexus between the time and place of the accident and the employment. If the presence of the workman concerned at the particular point was so related to the employment as to lead to the conclusion that he was acting within the scope of employment that would be sufficient to deem the accident as having occurred in the course of employment ( Weaver v. Tradegar Iron and Coal Co. Ltd. ). It is known as doctrine of notional extension of employment; whether employment extends to the extent of accident depends upon each individual case. A workman while returning home after duty was murdered within the premises of the employer. It was held that there was casual and proximate connection between the accident and the employment. Since the workman was on spot only for his employment and his wife is entitled for compensation ( Naima Bibi v. Lodhne Colliery Ltd. ). If an employee in the course of his employment has to be in a particular place by reason where he has to face a peril which causes the accident then the casual connection is established between the accident and the employment ( TNCS Corporation v. Poonamalai, 1994 II LLN 950 ) and principle of notional extension applies.