The Bombay High Court has affirmed the termination of a driver who made vulgar and disparaging remarks against women of the Koli fishing community. The court found that such conduct constituted grave misconduct and set aside a previous order that had deemed the dismissal illegal and awarded the employee compensation.
Court Rejects Industrial Court’s Compensation Award
The High Court’s decision overturns a ruling by the Industrial Court, which had awarded the driver ₹5 lakh in compensation. The High Court emphasized that an employee engaging in such unpardonable behavior should not be rewarded. Justice Sandeep V Marne, presiding over the single-judge bench, noted that the derogatory utterances indicated the driver’s mindset towards the very community his employer served.
Information was available with The Chenab Times that the driver, Nitin Jaywant Mhatre, had been employed by the Uttan Machimar and Vahatuk Sahakari Society Ltd. since January 2001. The society provides transportation services for fish and related activities to members of the Koli fishing community. Mhatre’s termination occurred on January 11, 2007, following allegations of serious misconduct.
Allegations Against the Driver
The society initiated disciplinary action against Mhatre based on several charges. These included refusing assigned duties related to fish transportation, disobeying instructions which allegedly caused financial loss to a society member, misbehaving with the Vice-Chairman, and using vulgar and disparaging language against women and daughters belonging to the Koli community in the presence of other members. The society also alleged that Mhatre had threatened the Enquiry Officer, hindering the domestic inquiry process.
Labour Court and Industrial Court Proceedings
Given that the domestic inquiry could not be completed, the cooperative society presented witnesses and evidence before the Labour Court to substantiate the misconduct independently. The Labour Court found that while some charges were not sufficiently serious or proved, the allegation concerning the use of vulgar and derogatory language against women was established. The court held this misconduct alone was severe enough to warrant dismissal and rejected the employee’s challenge to his termination.
However, the Industrial Court reversed the Labour Court’s decision. It considered minor discrepancies in witness statements as material, declared the termination illegal, and awarded the employee ₹5 lakh in compensation instead of reinstatement and back wages.
Bombay High Court’s Ruling
The Bombay High Court, in its ruling on a plea filed by the cooperative society, found that the Industrial Court had failed to appreciate the evidence on record. Justice Marne observed that the employee’s conduct was unpardonable and derogatory to the women of the community for whose benefit the society functioned. The court stated that such tendencies among employees need to be dealt with firmly to maintain discipline within the organization.
The High Court noted that Mhatre had become recalcitrant and had even threatened the Enquiry Officer, thereby preventing the inquiry from proceeding. The court concluded that an employee who behaves in such a manner cannot be compensated. Consequently, the High Court set aside the Industrial Court’s order, canceled the compensation award, and restored the Labour Court’s decision upholding the termination. The society’s writ petition was allowed.
The Chenab Times News Desk