Mahima
A city labour court has granted relief to BEST bus driver Anil Shelke who was denied his wages for two-and-half months.
The bus driver suffered a wrist injury as he was leaving the washroom of Marol depot premises after night duty.
He was taken to the Rajawadi Hospital where he was declared unfit for duty after treatment.
After his re-joining, the claims department of the undertaking denied accidental leave wages for the period to him, following which he approached the court.
The undertaking contended that the accident did not occur during the course of employment as his duty had already ended and was freshening up in the washroom.
The Court rejected this contention stating that it is natural for the applicant to get fresh after finishing his duty and this was normal course of action on his part.
The Court further added that the applicant didn’t invite any risk upon himself as didn’t indulge in a dangerous act, nor was he aware that he might injure himself while freshening up in the washroom.
The Court applied the theory of notional extension of course of employment as the accident occurred at the premises of the depot and not at applicant’s home or someplace else where he was for his private work.
Presiding Officer KB Chougule directed BEST to pay accidental wages for two-and-half months to Shelke and declare his leave as sick leave.
