28/09/2021
DEFINITION OF WORKPLACE IN POSH
The workplace is defined in section 2(O) of the PoSH Act.
Section 2(o) “workplace” includes—
any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;
any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service;
hospitals or nursing homes;
any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
any place visited by the employee arising out of or during employment including transportation by the employer for undertaking such a journey;
a dwelling place or a house;
The most important part of this definition in section 2(O)(v) whereby it says that any place visited by the employee arising out of or during employment including transportation by the employer for undertaking such journey.
The term workplace also includes unorganized sector which means an enterprise owned by individuals or self-employed workers, engaged in the production or sale of goods or providing service of any kind whatsoever, and the number of such workers is less than ten. It is evident from the above definition of workplace that the concept of extended workplace is also incorporated, that is to say that it includes any place visited by the employee arising out of or during the course of employment and also includes transportation provided by the employer for undertaking such journey. This has been subjected to judicial interpretations since the beginning and the theory of ‘notional extension’ has been used by courts while interpreting laws governing compensation to be awarded to employees or workmen in case they sustain injuries during the course of their employment.
