IT Ministry mum on Pratibha murder case

Bhaskar Hazarika

NEW DELHI: While the IT ministry refused comment on the ghastly rape and murder of a call centre employee in Bangalore last week, a top official in the Ministry of Labour here said quoting Factories Act that the employer is liable for the safety of the employee on night duty while he or she is commuting to work or back.

Leading advocates of the Supreme Court also subscribed to this view and said legal action can be initiated against companies that do not provide adequate security to its employees.

Referring to the Pratibha murder case, Supreme Court Advocate, Pavan Duggal said, “According to the law the company is responsible for the safety and security of the employee as soon as the person leaves for office in a company provided vehicle till the time he returns home. If an employee was murdered in a company provided vehicle, it becomes the responsibility of the company.”

Pratibha Srikanth Murthy was raped and murdered in Bangalore early on December 13 morning as she was traveling to work. The accused, who was ferrying her, had impersonated himself as an authorized driver to make the victim board the car, according to HP Global Soft, where she was an employee.

Duggal said that the victim's family could sue the company if she was travelling by a vehicle the company had provided.

Meanwhile, an official source with the Ministry of Labour said that the Factories Act clearly states that the employer should ensure the safety of women at workplace and while commuting.

The Call Centres are covered under the Shops and Establishments Act under the State subject. However, the Act varies from State to State but the according to Advocate Vakul Sharma, the Act clearly identifies the company responsible for the incident as the vehicle was provided by the employer.

Our Bangalore Bureau reports

Som Mittal, CEO of HP Global Soft, said that there was no lapse on the part of his company or the transport firm engaged to ferry the employees.

A newspaper reported here quoting him, “the element of risk is always there” and that the query on what precautionary measures have been taken following the murder of an employee was like asking, “what precautionary measure can be taken against a suicide bomber.”

On a specific query by the newspaper on when whether the company would pay compensation to the bereaved family, he said, “We haven't gone into it,” and added that it involved the policies of the company.

“We do provide coverage on PF and gratuity,” he added.