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Q. Rakesh was working as Joint Commissioner in the 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 the City Transport Department. A case of strike by the 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 bus and a car driver by a middle-aged man. It was found that there was an altercation between the driver and the car driver. Heated arguments between them led to a fight and the driver gave him a blow. Lot of passersby 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 arrived at the spot of the accident and an FIR was registered. Police investigation revealed that the quarrel in question was started by the bus driver and he had resorted to physical violence. There was an exchange of blows between them. The City Transport Department management is considering 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 favorable 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. (a) What are the options available to Rakesh to meet the above situation? (b) Critically examine each of the options identified by Rakesh. (c) What are the ethical dilemmas being faced by Rakesh? (d) What course of action would Rakesh adopt to diffuse the above situation ?

Answer:

Approach:

Introduction

  • Contextual Introduction

Body

  • Options available to Rakesh to meet the situation
  • Critical examination of each option
  • Ethical dilemmas faced by Rakesh
  • Course of action Rakesh may adopt to diffuse the situation

Conclusion

  • Prospective way forward.

Introduction:

The case presents a complex situation involving the death of a bus driver during an altercation, leading to a strike by the drivers’ union and a standoff between the union, the deceased driver’s family, and the City Transport Department management. Rakesh, as the Joint Commissioner, is faced with the task of resolving the situation. The analysis will focus on the stakeholders involved and their interests.

stakeholders

Body:

(a) Options available to Rakesh to meet the situation:

  1. Approve the union’s demands and provide full extra compensation to the deceased driver’s family, along with employment for one family member.
  2. Reject the union’s demands and maintain the current policy of compensation for drivers who died on duty.
  3. Initiate a dialogue with the union and the deceased driver’s family to understand their concerns and explore possible solutions.
  4. Seek legal advice to determine the appropriate course of action in line with the law and department policies.

(b) Critical examination of each option:

  1. Approve the union’s demands and provide full extra compensation to the deceased driver’s family, along with employment for one family member.

Positives:

  • Demonstrates empathy and support towards the deceased driver’s family.
  • Likely to appease the union and end the strike.
  • Maintains a positive public image for the City Transport Department.

Negatives:

  1. Sets a precedent for similar demands from other drivers or unions.
  2. May strain the department’s financial resources.
  3. Could create dissatisfaction among other employees who may feel their demands are not being met equally.
  4. Reject the union’s demands and maintain the current policy of compensation for drivers who died on duty.

Positives:

  • Upholds consistency in compensation policies.
  • Demonstrates adherence to established rules and regulations.
  • Avoids potential strain on the department’s finances.

Negatives

  • Escalates the strike and leads to prolonged unrest among the transport department workers.
  • May damage the department’s public image and reputation.
  • Increases the likelihood of further disputes and conflicts with the union.
  1. Initiate a dialogue with the union and the deceased driver’s family to understand their concerns and explore possible solutions.

Positives:

  • Demonstrates a willingness to listen and understand the grievances of the union and the family.
  • Provides an opportunity to find a mutually agreeable solution.
  • Promotes transparency and open communication.

Negatives:

  • Dialogue may take time and may not immediately resolve the situation.
  • Requires careful negotiation and compromise from both parties.
  • There is no guarantee of reaching a satisfactory resolution for all parties involved.
  1. Seek legal advice to determine the appropriate course of action in line with the law and department policies.

Positives:

  • Ensures compliance with legal obligations and regulations.
  • Provides a clear framework for decision-making.
  • Reduces the risk of potential legal disputes in the future.

Negatives:

  • Legal advice may limit the flexibility of decision-making.
  • May not address the emotional and social aspects of the situation.
  • Could be perceived as an overly bureaucratic approach that lacks empathy.

(c) Ethical dilemmas faced by Rakesh:

  • Balancing the financial constraints of the department with the needs and expectations of the deceased driver’s family.
  • Addressing the potential discrimination concerns raised by the union and ensuring fairness in compensation policies.
  • Maintaining the integrity and reputation of the City Transport Department while making a decision that impacts the workers’ morale and public perception.

(d) Course of action Rakesh may adopt to diffuse the situation:

  • Rakesh should initiate a dialogue with the union and the deceased driver’s family to understand their concerns and grievances.
  • He should demonstrate empathy and transparency, explaining the department’s financial limitations and legal obligations.
  • Rakesh can explore options for providing a reasonable compensation package within the available resources and consider offering support services to the family.
  • Open communication and a collaborative approach may help in diffusing the situation and finding a resolution that considers the interests of all stakeholders.

Conclusion:

Rakesh should adopt a comprehensive approach that includes reviewing the compensation policy, engaging in dialogue with the union, seeking legal advice, conducting an internal investigation, and exploring alternative forms of support to diffuse the situation and address the ethical dilemmas at hand.

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Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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