The Bombay High Court recently upheld the termination of an employee at Hitachi Astemo Fie Pvt. Ltd., an auto parts manufacturer, who had been dismissed for posting provocative content on Facebook. The court emphasized the importance of curbing such acts to prevent potential disastrous consequences, stressing that freedom of speech and expression should not be allowed to transgress beyond reasonableness.
In a writ petition filed by Hitachi Astemo Fie Pvt. Ltd., the High Court overturned the Labour Court, Pune's order from May 31, 2023, which had deemed the charge-sheet and inquiry against the employee as illegal. The petitioner company argued that the employee, who had been with Hitachi since 2003 and was a union office bearer, engaged in various forms of agitation during wage settlement negotiations in 2017, including a hunger strike.
The crux of the matter revolved around two Facebook posts made by the employee on February 20, 2017. The posts were deemed defamatory by the company, intending to tarnish its image and allegedly inciting violence and hatred against the management and directors. The employee was issued a charge sheet, leading to a domestic inquiry that resulted in the termination of his services on May 2, 2018.
The Labour Court, Pune, had ruled the charge-sheet and inquiry as illegal, prompting Hitachi to file the writ petition. The court examined the content of the Facebook posts, written in Marathi, and concluded that they were indeed defamatory and intended to incite hatred and passion against the company's management.
The first post expressed dissatisfaction with the company's management, highlighting the lack of salary increases for 18 months and warning of potential destruction if the neglect continued. Comments on this post included critiques of the government and management, as well as suggestions of assaulting management personnel. The second post warned the management to improve the treatment of workmen, questioning their salary increases and competence.
The court noted that the posts, along with the comments received, constituted an act of inciting hatred and passion against the management. It specifically pointed out a comment that suggested assaulting management personnel with swords. The court rejected the claim that the employee's Facebook account was hacked, emphasizing the lack of evidence to support such a contention.
The sensitivity of the atmosphere due to ongoing wage negotiations was highlighted by the court, emphasizing the potential for the posts to incite disorderly behavior among disgruntled workmen. The court stressed the need for restraint from office bearers of recognized unions, especially during extended wage settlement talks.
The judgment underscored that the office bearers of recognized unions should practice restraint and have faith in statutory provisions of the law. It emphasized that provocative acts, such as posting content that incites hatred, should not be pardoned. The court concluded that the employee's conduct constituted misconduct under various clauses of the Model Standing Orders.
In setting aside the Labour Court's order, the High Court quashed the charge sheet and inquiry, affirming that the employee's actions fell within the scope of 'commission of misconduct.' The decision sends a strong message against such acts, highlighting the importance of responsible behavior, especially from union office bearers, during sensitive negotiations.
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