The Bombay High Court has underscored that freedom of speech and expression must operate within reasonable limits to avert potential disastrous consequences.
In a case involving an employee terminated from Hitachi Astemo Fie, an auto parts manufacturing company, for posting critical Facebook messages about the company, Justice Milind Jadhav upheld the termination. The company contested a labor court’s decision that had overturned the employee’s termination, citing provocative posts against Hitachi. Justice Jadhav, in his ruling, noted that the posts aimed to incite hatred against the company and were unequivocally provocative. The court stressed the importance of sending a robust message against such actions, advocating for their curtailment at an early stage.
The bench emphasized that freedom of speech and expression should not surpass the bounds of reasonableness, as allowing such transgressions could have disastrous consequences. The court highlighted that in certain instances, waiting for consequences to unfold is impractical, and preventive measures are necessary to avoid sending the wrong signal to society.
The court underlined the significance of discipline in employees’ conduct, asserting that it is a fundamental aspect of their role. It stated that regulating the behavior of workers is essential for maintaining peace within the establishment and its surroundings.
Acknowledging the prevalence of mobile phones and easy access to social media, the court recognized the convenience of accessing Facebook accounts through mobile devices. Hitachi argued that the employee had posted the messages during a wage settlement dispute, claiming they were defamatory, damaging the company’s reputation, and inciting other employees against management.
In 2018, the company’s inquiry officer found the employee guilty of misconduct, leading to his termination on May 2, 2018. The employee contested the termination before the labor court in Pune, which annulled the order. Hitachi subsequently appealed this decision before the Bombay High Court.
