Termination Of Workman Over Provocative Facebook Posts Upheld: Bombay High Court

The respondent workman was one of the office bearers of the recognized union of the petitioner company. The office bearers involved themselves in agitations to pressurize the petitioner. During the interregnum of a dispute over wage settlement, the respondent workman made two posts on his Facebook account which were alleged to be defamatory and made with an intention to instigate and incite the workmen during pendency of wage settlement. After due enquiry, the respondent’s services were terminated by issuance of a termination order. Subsequently, the workman challenged his termination by raising an industrial dispute, which was decided in favour of the respondent. Aggrieved by the said order, the petitioner approached the Hon’ble Bombay High Court vide Writ Petition No.: 13192 of 2023. The Hon’ble High Court held that the act committed by the respondent stands squarely covered by the applicable clauses of the Model Standing Orders i.e. clauses 24(d), 24(k) and 24(l) on the basis of facts and circumstances of the case and evidence placed on record. Therefore, the writ petition was allowed.