Use of abusve language towards a senior is not serious enough to result in employee termination: Madras High Court
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- June 6, 2023
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Use of abusve language towards a senior is not serious enough to result in employee termination: Madras High Court
According to the Madras High Court (HC), using abusive language towards superiors may not always justify the “capital punishment” of termination from employment.
It accepted an appeal submitted by a former trade unionist who had been fired from a HUL-owned tea company.
He is accused of verbally abusing his bosses and even pulling someone’s collar.
The Division Bench of Acting Chief Justice S. Vaidyanathan and Justice R. Kalaimathi observed,
“… the usage of abusive language may not be a serious one to impose a capital punishment of dismissal from service. Similarly, the Labour Court is empowered to interfere with the punishment, if it is found that the punishment is grossly disproportionate and the power exercised by the Labour Court under Section 11-A of the Industrial Disputes Act, 1947 cannot be curtailed by any Court, unless the finding of the Labour Court is perverse.”
Cause Title- S. Raja v. M/s. Hindustan Unilever Ltd. & Anr.
