Legal Question in Workers Comp in India

Harassment to Death at Office

My father was harassed to Death at office! My father was 60 years old working for a Govt. organization. My father�s supervising officer was very harsh & tirade on some trivial issue the day before my father death. We observed my father very upset & highly distressed the night before his death because of distress at office. He died the next day early hours due to Brain-hammerage and cardiac arrest caused due to high distress. My father colleagues who were present at the time of verbal assault on my father confirmed that it was seriously damaging tirade by his supervising officer. Again, the next day early hours my father died to due high distress & hyper tension caused by the verbal assault. And the Apollo hospitals confirmed that the cause of death was Hyper Distress the day before. We have all the medical reports at the time of death.

Please advice me if we (our family) is allowed to pursue this particular issue in court against the erring supervising officer at Govt. organization.

Awaiting for your kind reply.

Thanks,

Sumanth

[email protected]

TX,USA.


Asked on 1/22/05, 10:00 pm

2 Answers from Attorneys

Vivek Anand M/S.VIVEK ASSOCIATES

Re: Harassment to Death at Office

Yes, you can file a suit against the Employers for Mental Harrasment and ensure that you have the medical records of your father which speaks about the cause of his death.

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Answered on 1/24/05, 3:02 am
SATISH MURTI MURTI AND MURTI

Re: Harassment to Death at Office

Please sue the concerned official who caused distress to your father for the inhumane behavior that resulted in his untimely death. If the Department is under the State Government, then you could move the Lok Ayuktha in your state that is competent to examine such cases and you may not be required to pay exorbitant court fees. Firstly, get all your father's severance benefits, entitlements and dues cleared. Seek a clean chit of your father's service record. Then cause your attorney to issue a notice to the employer and the concerned Ministry and the concerned official. The Government is normally liable for the acts of its employees. Typically Government shirks off any liability claiming that they are not responsible for this act of its official that resulted in the untimely death. Recent verdicts make errant government officials personally liable to pay damages out of their emoluments for their malicious and negligent acts without any the benefit of any sovereign immunity. Have the doctors in Hospital provide their written medical opinion on the cause of this untimely death. Seek written corroboration of your father's colleagues and friends in office to the inhumane acts meted out to your father that caused distress to your father and led to his untimely death. The written version of what happened between your father and the concerned supervisor prior to your father's passing on will come in handy should any of these witnesses turn hostile and not wish to cooperate at the crucial juncture when they are summoned to court for fear of victimization in their jobs. Rally evidence against the erring supervisor and get a complete background check on that supervisor and convince yourself about the antecedents and similar treatment meted to others. Locate written complaints, if any, made by your father to his colleagues or superior officers about this supervisor. Check your father's diary for jottings in relation to this Supervisor. Your father may have narrated his case to his closest colleagues or to your mother. Prove your case and bring this errant official to justice. May your father's soul rest in peace! Wish you good luck and God speed to you!

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Answered on 1/23/05, 8:19 am


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