LI Network
Published on: December 14, 2023 at 00:28 IST
The Bombay High Court has affirmed the termination of an employee at Hitachi Astemo Fie Pvt. Ltd. due to provocative Facebook posts.
Justice Milind N Jadhav stated that freedom of speech can’t be transgressed beyond reasonableness, emphasizing the need to nip such acts in the bud.
The court allowed a writ petition filed by Hitachi, challenging the Labour Court’s order setting aside the charge-sheet and inquiry as illegal.
The employee, associated with Hitachi since 2003, faced termination for allegedly posting defamatory Facebook content during wage negotiations.
The posts, in Marathi, incited hatred against the company’s management. The court found the posts provocative, emphasizing the lack of evidence supporting a hacked account claim. It stressed the need for restraint from union office bearers during sensitive negotiations.
The High Court concluded that the employee’s conduct constituted misconduct under the Model Standing Orders, setting aside the Labour Court’s decision. It upheld the fairness of the inquiry and directed the Labour Court to conclude the remaining issues within eight months.
Case Title: Hitachi Astemo Fie Pvt. Ltd. v. Nirajkumar Prabhakarrao Kadu
