Mumbai: Bombay High Court on Wednesday upheld a 2007 termination of the services of a driver who allegedly used abusive language towards the vice chairman of a society and made vulgar and disparaging utterances towards fisherwomen of the Koli community he was tasked with transporting. He was employed as driver since 2001 and in 2006 faced a complaint that led to his termination.Uttan Machimar and Vahatuk Sahakari Society Ltd petitioned the HC to challenge a 2021 Industrial Court order that had reinstated the driver, Nitin Mhatre. Single judge bench of Justice Sandeep Marne of the HC set aside the Industrial Court order. Justice Marne said the Industrial Court order failed to appreciate the position on record and “erroneously proceeded to set aside the order of the Labour Court by rewarding the respondent for his unpardonable conduct.”Such person “cannot be rewarded with compensation”. The Industrial Court had ordered back wages and granted the driver Rs 5 lakh as compensation for his “illegal termination”, which the Labour Court upheld in 2015.Justice Marne observed that the employee “made derogatory utterances against women belonging to mainly Koli community” and “many fisherwomen were present when the utterances were made”. Such utterances were “made towards someone for whose benefit (he) was employed,” the HC said.
