Mumbai: The Bombay High Court on Wednesday upheld the 2007 termination of a driver who allegedly used abusive language towards the vice chairman of a society and made vulgar and disparaging utterances against fisherwomen of the Koli community he was tasked with transporting. The driver, Nitin Mhatre, had been employed since 2001 and faced a complaint in 2006 that led to his dismissal.
Background of the Case
Uttan Machimar and Vahatuk Sahakari Society Ltd approached the High Court to challenge a 2021 Industrial Court order that had reinstated Mhatre. A single-judge bench of Justice Sandeep Marne set aside the Industrial Court order, stating that it failed to appreciate the evidence on record and erroneously overturned the Labour Court's decision by rewarding the respondent for his unpardonable conduct.
High Court's Observations
Justice Marne remarked that such a person cannot be compensated. The Industrial Court had ordered back wages and granted Mhatre Rs 5 lakh as compensation for what it termed 'illegal termination,' a decision the Labour Court had upheld in 2015. The High Court noted that the employee made derogatory utterances against women, mainly from the Koli community, and many fisherwomen were present when these utterances were made. The court emphasized that these remarks were directed at those for whose benefit he was employed.
Implications of the Verdict
The ruling underscores the importance of maintaining decorum and respect, especially towards vulnerable communities. The High Court's decision to set aside the reinstatement and compensation sends a strong message against misconduct in the workplace.
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About the Author
Swati Deshpande is a Senior Editor at The Times of India, Mumbai, where she has been covering courts for over a decade. She is passionate about law and works towards enlightening people about their statutory, legal, and fundamental rights. She makes it her job to decipher the truth for the public, whether in an intricate civil dispute or a gruesome criminal case.
