UPSC Mains 2022 GS4 Q11 — Labor Relations Ethics
Rakesh was working as 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 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 altercation between the driver and the car driver. Heated arguments between them led to fight and the driver gave him 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 at the spot of accident and 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 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 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 in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- Critically examineIdentifyAdopt
- Scope keywords
- Compensation to a driver who died on dutyquarrel in question was started by the bus driversole earner of the familyextra compensation as given to other driversstrike has continued for 10 daysdeadlock remains
- Implicit sub-parts
- Evaluating the legal versus moral liability of the department when the employee is the aggressor.
- Assessing the systemic causes of driver stress and road rage in congested city routes.
- Balancing the precedent of 'punishing misconduct' against the 'humanitarian needs' of the surviving daughters.
- Designing a negotiation strategy to restore public transport services while maintaining institutional discipline.
- Common pitfalls
- Ignoring the FIR/Police report which clearly identifies the driver as the instigator of violence.
- Emotional bias favoring the family's poverty without addressing the 'misconduct' aspect of the driver's death.
- Suggesting a complete surrender to union demands which would set a dangerous precedent for future violent conduct.
- Failing to address the public inconvenience caused by the 10-day strike in the course of action.
- Dimensions required
- Legal-Administrative (Service Rules and FIR findings)Ethical (Compassion vs. Rule of Law)Socio-Economic (Gender vulnerability of the daughters and wife)Organizational (Employee morale and strike management)Public Policy (Occupational stress and road safety)
- Marks allocation hint
Allocate 40-50 words to identifying ethical dilemmas and options. Spend the bulk of your word count (approx. 150 words) on 'Critically Examine' and the 'Course of Action' by integrating legal justifications with humanitarian relief. Save 50 words for long-term preventive measures like stress management for drivers to address the root cause.
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