The interpretation of 'employment' under Section 3(1) of the Workmen's Compensation Act and the principle of notional extension of time of employment.

1. This Civil Miscellaneous Appeal is filed by the Oriental Insurance Company Limited, Erode against the award dated 26.07.2004 made in WC.No.601/2002 by the Commissioner for Workmen's Compensation, Salem, thereby awarding a sum of Rs.2,56,660/- with interest at 9 per cent p.a. from the date of filing of the claim petition till the date of deposit in the event of the Appellant Insurance Company failing to deposit the compensation within thirty days.

2. The claimants 1 to 4, who are the wife, daughters and mother of the deceased Thangamuthu, filed the above said claim application under the provisions of the Workmen's Compensation Act for grant of compensation for the death of the deceased. According to the claimants, the deceased was employed under the 5th Respondent as a Driller in the Rig Unit of M/s.Cauvery Borewells for the past 15 years and was drawing a monthly salary of Rs.3000/- and a daily batta of Rs.50/-. He was a skilled labourer and was employed to sink borewells for the purpose of erecting power stations in the Amaravathi Dam. On 17.6.2001, at night hours, after completing first shift work, the deceased went to Amaravathi Dam for taking bath to clean the dust spread over on his body and while taking bath, he accidentally drowned in the said Dam and died on the spot. The claimants have pleaded that the deceased died during the course of his employment with the 5th Respondent, while he was taking bath in the said Dam to clean his body after completing first shift work. Therefore, the claimants claimed a sum of Rs.4,50,000/- as compensation with interest at 12 per cent p.a.

3. The Appellant Insurance Company filed a Written Statement before the Commissioner for Workmen compensation stating that the death of the deceased workman did not take place during the course of his employment. It is further pleaded that neither the death took place within the premises of the power station nor during the course of actual employment or during the period of his duty. The owner remained exparte before the Commissioner for Workmen Compensation.

4. The Commissioner for Workmen Compensation, after having considered the entire evidence adduced by the parties, came to the conclusion that the deceased was working as a Driller/skilled labourer in the Rig Unit of M/s.Cauvery Borewells owned by the 5th Respondent herein to sink borewells for the purpose of erecting power station in the Amaravathi Dam. He, further,held that the workman died while he was taking bath in the said Dam to wipe out the dust spread on his body during drilling and therefore, the workman died on account of the accident during the course of his employment. The Commissioner for Workmen Compensation having considered the age of the deceased at 45 years as well as his monthly salary at Rs.3000/-, awarded a compensation of Rs.2,54,160 and added Rs.2500/-for funeral expenses and thus, a total compensation of Rs.2,56,660/-. Aggrieved by the same, this Civil Miscellaneous Appeal has been filed by the Insurance Company.

5. This court heard Mr.N.Vijayaraghavan, the learned counsel for the Appellant and Mr.V.Bharathidasan, the learned counsel for the Respondents 1 to 4 and also perused the materials placed on record. None appeared for the owner/5th Respondent.

6. On the basis of the pleadings adduced by the parties, the relevant issue for consideration in this appeal is as to whether the death of the deceased Thangamuthu was caused during the course of his employment or out of employment? and whether the Commissioner is right in holding that the death comes within the course of employment or it falls outside the scope of employment?

7. It is the specific case of the claimants that the deceased was working as a skilled labourer/driller in the Rig Unit of M/s.Cauvery Borewells owned by the 5th Respondent herein for the past 15 years and on the date of the accident, the he was employed to sink borewell for the purpose of erecting power station in the Amaravathi Dam. T