JudgementsAcceptance of the Theory of Notional Extension by the superior courts in Pakistan

February 19, 20070

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Date: 19-02-2007

Circular Number: C-111

Acceptance of the Theory of Notional Extension by the superior courts in Pakistan

According to the Theory of Notional Extension there may be reasonable extension in both time and place and a worker may be regarded in the course of his employment even though he had not reached or had left his employer’s premises and includes area which the worker passes and repasses in going to and leaving his place of work and thereby any accident during such period to the worker shall be deemed to arising out of and in the course of his employment.

M/s. Gatron (Ind.) Ltd., Hub provides pick and drop facility to their workers through vehicles of their transport contractor. On 17-04-1998 after the shift their workers were waiting for the transport at the factory gate when tie rod of a speeding Suzuki Van Taxi broke down and ran over the standing workers which resulted in death of one worker, one worker was very seriously injured whose leg was imputed and 9 other workers sustained various injuries. The injured workers were taken to the dispensary of B.E. Social Security Institution, Hub and the Ghulum Qadir Hospital, Hub was then in the process opening. Having no facility of treatment 9 injured workers were taken to the Civil Hospital, Karachi and thereafter to the Bantava Anis Hospital, Karachi. The other worker profusely bleeding was taken to the Murshid Hospital, Karachi who referred to the Civil Hospital, Karachi and then to the Agha Khan Hospital, Karachi where his one leg was amputed. The Institution does not have its own any hospital,

The above was done in emergency due to seriousness of injuries and then the Co. wrote its letter to the Senior Medical Officer of the Institution asking him to continue their treatment at the above hospitals or to shift them to any other hospital of the choice of the Institution who after seeking instructions from his Head Office allowed to continue treatment there and submit the necessary bills for payment. The Co. paid all the bills and submitted its Claim of Rs. 3,90,351/= with photo copies of the bills and on demand the original bills were also submitted. The Institution paid sickness benefit to the injured workers but the workers did not make claim for payment of compensation which was paid by the Co. itself in view of high expenses incurred on their treatment. The Institution ultimately refused to make the payment to the Co. which lead to case u/s 57 before the Commissioner of the Institution who rejected the claim and thereafter appeal u/s 59 of the Ordinance was made before the Social Security Court which decided in favour of the Co. and on appeal u/s 64 of the Ordinance of the Institution the case was remanded by the Balochistan High Court to the Commissioner of the Institution to decide the case after leading evidence by both the sides.

The above Theory of National Extension was raised by Mr. S. M. Yaqoob for the first time in Pakistan in the case of Gatron (Ind.) Ltd. Hub before the Balochistan Labour Court acting as the Social Security Court which, inter alia, accepted the theory and the claim of the Co., the Institution filed appeal u/s 64 of the P. Employment Social Security Ord. 1965 in the Balochistan High Court and the case was remanded to the Commissioner of the Institution who again rejected the claim of the Co., the Co. in the second round filed appeal in the said Social Security Court which again accepted the claim of the Co. of Rs. 3,90,351/= and the said theory. The Institute again filed appeal against the same which was dismissed by the Balochistan High Court and inter alia, accepted the claim of the Co. and the said theory reported at 2006 PLC – 131 & PLJ 2006 Qta – 46, the details could be perused from there.

The Institution filed appeal being Civil Petition No. 3 – Q of 2006 against the same in the Supreme Court which too, inter alia, accepted the said theory, claim of the Co. and dismissed the appeal on 16-08-2006 in limine, the details of the same could be seen from the certified copy of the judgment or if the same is published in any law journal.

 

For M/s S. M. Yaqoob

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