Rakesh was working as a Joint Commissioner in Transport department of a city. As a part of his job profile, among others, he was entrusted with the task of overseeing the control and functioning of City Transport Department. A case strike by drivers’ union of City Transport Department over the issue of compensation to a driver who died on duty while driving the bus came up before him for decision in the matter. He gathered that the driver (deceased) was plying Bus No. 528 which passed through busy and congested roads of the city. It so happened that near an intersection on the way, there was an accident involving the a middle-aged man. It was found that there was altercation between the driver and the car driver. Heated arguments between them led to fight and the driver gave him a a blow. Lot of passerbys had gathered and tried to intervene but without success. Eventually, both of them were badly injured and profusely bleeding and were taken to the nearby hospital. The driver succumbed to the injuries and could not be saved. The middle-aged driver’s condition was also critical but after a day, he recovered and was discharged. Police had immediately come to the spot and FIR was registered. Police investigation revealed that the quarrel in was started by the bus driver and he had resorted to physical violence. There exchange of blows between them. The City Transport Department management is considering of not giving any extra compensation to the driver’s (deceased) family. The family is very aggrieved. depressed and agitated against the discriminatory and non-sympathetic approach of the City Transport Department management. The bus driver (deceased) was 52 years of age, was survived by his wife and two school-college going daughters. He was the sole earner of the family. The City Transport Department workers’ union took up this case and when found no favourable response from the management, decided to go on strike. The union’s demand was two fold. First was full extra compensation as given to other drivers who died on duty and secondly employment to one family member. The strike has continued for 10 days and the deadlock remains.1) What are the options available to Rakesh to meet the above situation?2) Critically examine each of the options identified by Rakesh3) What are the ethical dilemmas being faced by Rakesh?4) What course of action would Rakesh adopt to diffuse the above situation?
What the examiner wants
A bus driver who started a fatal fight dies; the union strikes for full compensation and a job for one family member; Rakesh must end a 10-day deadlock fairly. Answer all four parts.
Demand-wise check
- 1Options: accept union demands fully; reject them; offer partial support (ex-gratia, statutory dues, insurance, help for daughters' education) while noting the driver's fault; set up a committee; invoke essential services law≈50 words
- 2Evaluation: fairness and precedent vs compassion for a family with no earner; public inconvenience from the strike≈50 words
- 3Dilemmas: rules vs compassion, precedent vs mercy, public interest vs union pressure≈50 words
- 4Course: talk with the union, give lawful dues and humanitarian ex-gratia, consider compassionate appointment if rules allow, explain reasons publicly, end the strike quickly≈50 words
Open in about 30 words and close in about 30.
Answer plan
Where marks usually go
- Ignoring that the driver started the fight (relevant to 'on duty' compensation)
- Ignoring commuters affected by the strike
Draw this
- Stakeholder map: family, union, management, commuters
Value addition
- LawEmployees' Compensation Act, 1923 covers injury or death arising out of and in the course of employment.Employees' Compensation Act, 1923
- PolicyCompassionate appointment schemes allow a job to a dependant of an employee who dies in service, subject to rules.DoPT compassionate appointment guidelines
Mapped topper copies
Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.
- Shakti Dubey · AIR 1 · Page 35 ↗Same syllabus reference
- Aakash Garg · AIR 5 · Page 35 ↗Same syllabus reference
- Shakti Dubey · AIR 1 · Page 31 ↗Same syllabus reference
- Aakash Garg · AIR 5 · Page 39 ↗Same syllabus reference
Links open original public sources. MainsBuddy does not host these answer sheets.
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