Workman – Offensive face book posts inciting workmen against the Company – Termination is legal

In 2003, the respondent-workman was appointed in the assembly section of the petitioner- company and terminated on 2.5.2018.

The workman was one of the office bearers of the recognized Union.  In 2017, there was dispute over wage settlement and negotiations.   The Union resorted to various agitations.  

On 20.2.2017, the Workman posted two posts on his Facebook account which had become viral. According to the company, these posts were defamatory, made with intention to instigate and incite the workmen and intended to tarnish image / reputation of the company.

Facebook posts in Marathi of Workman read – “the workmen should adopt a militant approach with weapons and assault the officials of the Company / Management and only then the settlement would be concluded.”

Charge-sheet was served, inquiry was held and the workman was terminated.

The Labour Court held that the charge-sheet was illegal and the findings of the Enquiry Officer were perverse.

Judgment dated 12.12.2023 in W.P.No.13192 of 2023 – Hitachi Astemo Fie Pvt Ltd Vs. Nirajkumar Prabhakarrao Kadu