Kerala High Court uphold employee’s safety rights on WhatsApp group
BACKGROUND
Fertilisers and Chemicals Travancore Ltd. employed the petitioner-technician (FACT).
On July 31, 2019, he was suspended on two counts of disseminating false information through the WhatsApp group and entering a restricted place without authorization after sharing the controversial texts. The petitioner’s acts, according to the corporation, broke safety regulations and damaged the company’s reputation. The corporation acknowledged the petitioner’s apology and expressed regret. He eventually found out, though, that the company’s punishment was a formal warning. He filed a case against his suspension and the warning order with the Kerala High Court, arguing that it should not have been placed in his service records and could have a negative impact on his career. The petitioner contended that the disciplinary action against him was not preceded by a formal investigation. The employer, FACT, retorted that the employee’s posts in the WhatsApp group implied that the job was dangerous. It further stated that the petitioner’s punishment was insignificant and that such statements would motivate other employees to rebel against the corporation. The Court observed that although the petitioner had apologised and admitted to having sent the WhatsApp posts, it did not mean he had admitted to the charge that the messages were “objectionable.”
VERDICT
The court ruled that, there is nothing wrong about an employee discussing safety issues at his employer in private chats on WhatsApp. It was emphasized that violating the employee’s right to free speech and expression under Article 19(1)(a) of the Constitution would result in disciplinary action from the employer. While dismissing one of two disciplinary allegations brought against a technician employed by a government-run fertilizer plant, the Court made this statement. The technician had uploaded a few posts regarding ammonia handling safety problems at a company unit. These were exchanged in a closed WhatsApp group.
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Written by- Shreyasi Ghatak
