In a recent case [Hitachi Astemo Fie v. Nirajkumar Prabhakarrao Kadu], the Bombay High Court emphasised that the exercise of freedom of speech and expression must be within the bounds of reasonableness to avoid potential disastrous consequences. Justice Milind Jadhav made this observation while addressing the termination of an employee by an automobile company for posting provocative comments on Facebook against the company.
On 12 December, the High Court overturned a labour court order that had previously annulled the employee’s termination. The court asserted that freedom of speech should not be unreasonably exercised, highlighting the need to prevent harmful consequences.
Additionally, the Court expressed concern that allowing such behaviour without intervention could send the wrong message to society.
The dispute originated when Hitachi Astemo Fie terminated Kadu for posting defamatory content on Facebook during a wage- settlement dispute. Hitachi argued that the posts tarnished the company’s reputation and incited its employees against the management. In 2018, an enquiry officer found Kadu guilty of misconduct, leading to his termination.
The labour court had initially set aside Kadu’s termination, citing illegal conduct of the inquiry and perverse findings by the enquiry officer. Hitachi appealed this decision in 2023 before the High Court.
Kadu defended his case, claiming that despite the provocative comments, no untoward incidents occurred.
Justice Jadhav rejected this defence, emphasising that the potential for disorderly acts among the thousands of employees was a valid concern. The Court deemed the Facebook posts as provocative and intended to incite hatred against the company.
Justice Jadhav asserted that such acts by office bearers of a workers’ union could not be overlooked. The Court highlighted the importance of sending a strong message against such behaviour and, accordingly, allowed Hitachi’s plea, setting aside the labour court’s order. The labour court was directed to address pending issues within eight months.