acts during course of employment

M/S Rohit Medical Store vs Macleods Pharmaceutical Limited ... on 29 January, 2015Cites 16, Cited by 0
during course of employment
With regard to the liability of OP 1, the Commission notes that the email dated 02.09.2012, which has been relied upon by the DG to conclude liability of OP 1, was sent by Mr. Vipan Rana, an employee of OP 1 to  C. No. 78 of 2012 Page 18 of 25 the Informant intimating about the requirements of the documents for the appointment of new stockist of OP 1 including NOC from OP 5. Thus the Commission finds no merit in the contention of OP 1 that the email was sent from personal email address of its employee for which OP 1 cannot be made liable. The fact that the email was sent through personal email account of an employee does not absolve the employer from its liability if the same is sent during the course of employment. The subject of the email viz. 'stockist format', the title of the file attached with the email viz. 'STOCKIST_Appointment_FORMAT' and the subject used in the attached file viz. 'Required documents for new stockiest appointment .......' clearly show that the employee was acting on behalf of OP 1 in the course of his employment.