3. DEFENCE OF COMMON EMPLOYMENT BARRED IN CERTAIN CASES. –
Where personal injury is caused to a workman –
(a) by reason of the omission of the employer to maintain in good and safe condition any way, works, machinery or plant connected with or used in his trade or business, or by reason of any like omission on the part of any person in the service of the employer who has been entrusted by the employer with the duty of seeing that such way, works, machinery or plant are in good and safe condition; or
(b) by reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him, whilst in the exercise of such superintendence; or
(c) by reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform and did conform, where the injury resulted from his having so conformed; or
1(d) by reason of the act or omission of any person in the service of the employer done or made – (i) in the normal performance of the duties of that person; or
(ii) in obedience to any rule or bye-law of the employer (not being a rule or bye-law which is required by or under any law for the time being in force to be approved by any authority and which has been so approved); or
(iii) in obedience to particular instructions given by any other person to whom the employer has delegated authority in that behalf; a suit for damages in respect of the injury instituted by the workman or by any person entitled in case of his death shall not fail by reason only of the fact that the workman was at the time of the injury a workman of, or in the service of, or engaged in the work of, the employer.
1.Subs. by Act 5 of 1951, sec. 2, for clause (d) (w.e.f. 28-2-1951).