Bombay Hc Drivers Termination Koli Women

whose benefit he was employed.

The HC said that such a person “cannot be rewarded with compensation” and set aside the Industrial Court’s order that had declared his termination from service illegal, and granted his reinstatement or back wages and compensation of Rs 5 lakh.

A single-judge bench of Justice Sandeep V Marne passed a ruling on a plea by Uttan Machimar and Vahatuk Sahakari Society Ltd, which had engaged respondent Nitin Jaywant Mhatre as a driver since January, 2001 and was terminated through an order of January, 2007.

The respondent claimed the society, instead of accepting his name on its managing committee, embroiled him in disciplinary inquiries and alleged misconduct for using unparliamentary language, which resulted in his termination.

It was alleged that in October, 2006, Mhatre used abusive language towards the vice chairman of the society and made vulgar and disparaging utterances towards fisherwomen.

The society, in its writ plea in the HC, argued through advocate Prashant Mohite, challenging the January, 2021 judgment of the Thane Industrial Court that reversed the August, 2015 judgment of the Labour Court that refused relief to Mhatre. The Industrial Court termed the termination illegal.

Justice Marne, after examining the material on record, observed that “respondent made derogatory utterances against women belonging to mainly Koli community” and “many fisherwomen were present when the utterances were made”.

“Thus, derogatory statements were not confined only in relation to Respondent’s employment and the same were made towards someone for whose benefit the Respondent was employed… The utterances made by him on October 14, 2006 indicated his mindset towards the persons for whose benefit he was employed with the organisation,” the judge held.

The HC, while allowing the society’s plea and upholding Labour court’s ruling, observed that the Industrial Court 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.”

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More