Bombay HC Backs Employee Sacking, Cites Limits To Free Speech

A company approached Bombay HC challenging an order of a labour court reversing the termination of the employee for putting provocative posts against Hitachi.

The Bombay HC order said the posts were directed against the company with a clear intent to incite hatred and were provocative.

Mumbai: Freedom of speech and expression cannot be allowed to go beyond the limits of reasonableness otherwise it could lead to disastrous consequences, the Bombay High Court has said.

A single bench of Justice Milind Jadhav made the observation on Tuesday while upholding the termination of service of an employee with Hitachi Astemo Fie, an auto parts manufacturing company.

The employee was terminated after he uploaded two posts of Facebook against the company.

The company had approached the HC challenging an order of a labour court reversing the termination of the employee for putting provocative posts against Hitachi.

Justice Jadhav in the order said the posts were directed against the company with a clear intent to incite hatred and were provocative.

"A strong message needs to be sent out against such acts," the court said adding such acts should be nipped in the bud.

"Freedom of speech and expression cannot be allowed to be transgressed beyond reasonableness. If that is allowed, it could lead to disastrous consequences," the bench said in its order.

In a given case, one cannot and should not wait for the consequences to occur. Such acts itself are required to be nipped in the bud. Otherwise, it would convey a wrong signal to the society at large, it added.

"Discipline is the hallmark of any employee/workman when he is required to conduct himself as a workman," the court said.

The regulation of behaviour of a workman is essential for the peaceful conduct of industrial activity in the vicinity of the establishment as also within the premises of the establishment, it said.

"In today's technologically advanced world, mobile phone is carried 24X7 by every person. Access to Facebook account is more conveniently accessed through the mobile phone," the court noted.

Hitachi claimed the employee had put the two posts on his Facebook account during a wage settlement dispute.

The company further claimed the posts were defamatory, tarnished its reputation and incited and instigated its employees against the company management.

In 2018, an enquiry officer of the company held the employee guilty of this misconduct and his employment was terminated through an order on May 2, 2018.

The employee challenged the termination before the labour court in Pune which quashed the order.

Hitachi challenged this order before the high court. 

 

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