Doctrine of Notional Extension:
Outcome of Judicial Interpretation of a Loophole in the Employee’s Compensation Act, 1923
Author: Komal Singh, Student, NMIMS, KPM, School of Law, Mumbai, India
ABSTRACT In this article, the Researcher will try to explore employee’s benefit of getting compensation from the employer in case of any injury leading to partial or total disablement. It would also be interesting to see the limitation in the literal interpretation of the regulation as mentioned in the Employee’s Compensation Act, 1923 and the ambiguity arising out of it which leads to the application of the doctrine namely the Doctrine of Notional Extension giving the regulation more liberal understanding by the judiciary. With the new developments related to the labour welfare and introduction of the new bill on Labour Code, the Industrial Relations Bill, 2019 it would be really interesting to see if there will be certain changes in the applicability of the doctrine or the legislature has covered the gap that existed in the previous framework. The Researcher would also like to extend the research to the application of the doctrine on the unorganised sector which forms a part of the Social Security Code along with the Employee’s Compensation Act in the proposed bill. The researcher believes that the real issue still persists as the new code though introduced to develop a more prominent employer-employee relationship has negated the existing loophole in the legislative framework. The researcher concludes the paper by highlighting the grey area in the laws which needs to be explored more for a better and clear framework and welfare of the society.
Keywords: Doctrine of Notional Extension, Employee Benefit, Labour Law, Ambiguity in Legislation.
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