Bombay High Court Restores Dismissal Of Employee For Vulgar Remarks Against Koli Women

The Bombay High Court has upheld the dismissal of a man from his service, on the ground that he used filthy language against his employer and also the fisher women while he was tasked for driving the Koli community women and transporting their fish to market on a daily basis. [2026 LiveLaw (Bom) 291]Single-judge Justice Sandeep Marne said that an employee who has become incalcitrant and abusive towards his employer and abuses women of a community without any provocation cannot get compensation for dismissal from service. "The respondent - Nitin Mhatre (employee) made derogatory utterances against women belonging to mainly Koli community. Many fisherwomen were present when the utterances were made. Thus, derogatory statements were not confined only in relation to his employment and the same were made towards someone for whose benefit he was employed. He was employed to drive inter alia the fisherwomen on daily basis. The utterances made by him on October 14, 2006 indicated his mindset towards the persons for whose benefit he was employed with the organisation. Such a person cannot be rewarded with compensation. The Industrial Court has not appreciated this position and has erroneously proceeded to set aside the order of the Labour Court by rewarding him for his unpardonable conduct," Justice Marne made it clear in a judgment pronounced on Wednesday (June 17).Notably, Mhatre was employed as a driver with - Uttan Machimar and Vahatuk Sahakari Society Ltd. and was tasked with driving the fisherwomen to markets and also to transport fish to the market. However, on various occasions, he did not perform the task he was asked to do by the company and was accordingly served with two memos asking him not to report to work. On October 14, 2006, Mhatre, suddenly came to the premises, and started abusing the vice chairman of the company. When asked why he was here since he was asked not to report to work, he responded with filthy abuses hurled against the women of Koli community, some of whom were also present at the scene. Thereafter, on October 16, a third memo was issued and he was asked not to report to work. Subsequently, an enquiry was ordered against Mhatre but he allegedly threatened the Enquiry Officer and then finally on January 11, 2007, he was dismissed from service. He then filed a complaint with a Labour Court, which by an order passed on August 13, 2015 upheld the Company's decision to dismiss Mhatre from his service. This order was the appealed before an Industrial Court, which by an order passed on January 7, 2021 reversed the findings of the Labour Court and passed an order in favour of Mhatre. Though it did not order his reinstatement but ordered the company to pay a lump sum amount of Rs 5 lakhs as compensation. Aggrieved with this order, the company moved the bench of Justice Marne, who quashed and set aside the Industrial Court's January 7, 2021 order opining that the said court failed to properly appreciate the material on record. "In my view, the Industrial Court has exercised revisional jurisdiction with material irregularity. It has virtually reappreciated the evidence and has gone into the issue of quality and quantity of evidence, which was beyond its jurisdiction. Findings are recorded by the Industrial Court that punishment imposed on Mhatre is shockingly disproportionate and that he is victimised. I am unable to agree with those findings. Looking at the utterances made by him towards women of Koli community, it cannot be concluded that the misconduct is not serious," Justice Marne held. Justice Marne clarified that ordinarily, the High Court would not have interfered in award of compensation in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India, however, the misconduct committed by Mhatre, the judge emphasised, is grave. "The Petitioner-society is justified in terminating his service with a view to ensure discipline in its organisation. An employee who had become incalcitrant and who has indulged in misbehaving with the Vice Chairman by use of unparliamentary and indecent language cannot be rewarded with compensation. It has come on record that, Mhatre has used derogatory language towards Koli women. There was no provocation for Petitioner to utter the words which he has uttered towards the Vice Chairman and women. This indicates his mindset and he has indulged in the act of hurling abuses and making utterances in unparliamentary language which are derogatory to women in presence of other women. Such tendency on behalf of employees needs to be dealt with iron hands so as to maintain discipline in the organisation. He had apparently become an element of terror and even prevented the enquiry officer from conducting enquiry by threatening him," Justice Marne opined. With these observations, the judge upheld the Labour Court's order confirming Mhatre's dismissal from service. Appearance: Advocates Prashant Mohite and Kishor Pashte appeared for the...

Bombay High Court Restores Dismissal Of Employee For Vulgar Remarks Against Koli Women

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Bombay High Court Restores Dismissal Of Employee For Vulgar Remarks Against Koli Women

Narsi Benwal

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Narsi Benwal

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