The words "arising out of employment" in the agreement were more restrictive than the words "in the course of employment" and required a direct and immediate connection between the accident and the employee's employment.

LENTIN J.-By this Special Civil Application, the Municipal Corporation of Greater Bombay seeks to set aside the order dated 25th November 1970 passed by the 2nd respondent who is the Presiding Officer, 1st Labour Court, Bombay.

2. The undisputed facts which have led to the matter before us are that at all material times, the 1st respondent was employed by the petitioner-Corporation as a Bus-Shunter in its Bombay Electric Supply and Transport Undertaking (referred to hereafter as "the B. E. S. T."). On 19th April 1967, the 1st respondent left his residence at Kurla at about 6.30 a.m. and boarded a B.E. S. T. bus in order to proceed to Sion from where be had to take another B. E. S. T. bus in order to report for duty at Dadar. Between Kurla and Sion, the driver of the B. E. S. T. bus in which the 1st respondent was travelling, applied the emergency brake, which caused a jerk As a result, the, 1st respondent sustained an injury to his back and was in plaster from 23rd April 1967 till 10th July 1967. He received a sum of Rs.316, being the payment to which he was entitled under section 4 (1) (d) of the Workmen's Compensation Act, 1923. He, thereafter made a demand to the B. E. S. T. Undertaking of the petitioner Corporation for a further sum or Rs. 435.28, being the difference in his full wages and the amount received by him under section 4 (1) (d). This demand was made by the 1st respondent under an Agreement dated 21st May 1965 between the B. E. S. T. undertaking of the petitioner-Corporation and the Union of its employees. As this demand of Rs. 435.28 was repulsed, the 1st respondent made his claim before the Labour Court, which, by its judgment and order dated 25th November 1970, upheld the same, and ordered the payment thereof to the 1st respondent. Hence the present special Civil Application.

3. The only point that arises before us for determination pertains to the construction of the words "arising but of out of employment " in clause 2 of the Agreement dated 21st May 1965. That clause reads as under:-

"It is agreed that employees injured in accidents arising out of employment shall be paid full wages during the period of incapacity except in cases….. "

It is not in dispute that we are not concerned with the exception provided in this clause.

4. Mr. Singhvi, the learned Counsel appearing on behalf of the petitioner Corporation; contended that the words "arising out Of employment"; must not be given the same connotation or meaning as the words, "in the course of employment" and that the legal fiction of notional extension of time and place attributed to the words, "in the Course of employment", would have no application to the words in the Agreement, viz. "arising out of employment". Mr. Singhvi urged that the meaning of the words "arising out of", is more restrictive than the words "in the course of". Thus, according to Mr. Singhvi the accident not having arisen out of the 1st respondent's employment, or in the course of his duties as a Bus-shunter he was not entitled to the additional amount of Rs. 435.28, and hence the 2nd respondent was in error in awarding the same.

5. We are in agreement with these contentions of Mr. Singhvi. Random House Dictionary defines "arise" as-

"to come into being, originate, appear, spring up".

"Course" is defined as-

"the continuous passage or progress through time or a succession of stages."

Thus, the continuous passage or progress through time or a succession of stages as envisaged by the definition of "course", is conspicuous by its absence in the definition of "arise". These two phraseologies, viz. "arising out of" and "in the course of", are distinct, separate and independent of each other, wit bout the ode having any nexus or connection with the other. The one cannot be read or confused with, or substituted for, the other. The words in the Agreement, "arising out of employment", are necessarily less wide than the words", "in the course of employment" the words "arising out of em