Question

Rules:

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts:

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

According to the facts and the rules specified, which of the following propositions is correct

विकल्प

• The Company is not liable to pay compensation as the injury to Aashish Mathew was not caused by an accident arising in the course of employment.

• The Company is liable to pay compensation.

• Since the injury did not arise in the course of employment, the Company would not be liable to pay the compensation even though Aashish Mathew is an employee of the company.

• The Company is liable to pay the compensation as Aashish Mathew is a contracted pattadar with the company.

Answer 1

Since the injury did not arise in the course of employment, the Company would not be liable to pay the compensation even though Aashish Mathew is an employee of the company.