Bombay HC upholds termination of driver for derogatory comments against Koli women

The Bombay High Court has upheld the termination of a driver employed by a cooperative society, citing his derogatory remarks against women from the Koli community as evidence of his unacceptable conduct. The court ruled that such behavior reflects the driver’s mindset towards the very individuals he was hired to serve and stated that he cannot be rewarded with compensation for his actions.

The case involved Nitin Jaywant Mhatre, who was employed as a driver by the Uttan Machimar and Vahatuk Sahakari Society Ltd since January 2001. Mhatre’s employment was terminated in January 2007 following allegations that he had used abusive language towards the society’s vice chairman and made vulgar and disparaging remarks about fisherwomen in October 2006.

Justice Sandeep V Marne, presiding over the single-judge bench, ruled in favor of the society’s plea challenging a January 2021 judgment by the Thane Industrial Court. The Industrial Court had reversed an earlier August 2015 ruling by the Labour Court, which had denied relief to Mhatre. The Industrial Court had declared his termination illegal and granted reinstatement, along with back wages and compensation of Rs 5 lakh. However, the High Court observed that the Industrial Court had failed to properly assess the evidence on record and had erroneously rewarded Mhatre for his “unpardonable conduct.”

Justice Marne noted that Mhatre’s derogatory remarks were made in the presence of many fisherwomen and were not limited to matters related to his employment. The court emphasized that his utterances on October 14, 2006, demonstrated his prejudiced mindset towards the community he was employed to serve.

By allowing the society’s plea, the Bombay High Court reinstated the Labour Court’s decision, underscoring that such behavior cannot be condoned or compensated.