Workman Using Abusive Language Can't Be Treated Lightly, Punishment Of Dismissal Not Disproportionate: Karnataka High Court

The Karnataka High Court has held that the act of a workman using abusive language not once, but on several occasions cannot be treated lightly and the imposition of punishment by way of dismissal in such a case cannot be held to be disproportionate. Broadly speaking, all acts which tend to destroy discipline would tantamount to “acts subversive of discipline” and which may include misconduct relating to duty, negligence going on illegal strikes, go slow, in-subordination and disobedience of orders, riots and disorderly behaviour.” It relied on Mahindra and Mahindra Limited v. MV Nervary, where the Apex court came down heavily on such types of acts of employee and held that removal/dismissal in such cases are justified. “In the circumstances narrated above and the decisions stated supra, in the instant case the act of the workman by using abusive language not once, but on several occasions cannot be treated lightly, as held by the Labour Court, the imposition of punishment of dismissal by the Disciplinary Authority to the gravity of misconduct by the workman was justified,” Court said and upheld the dismissal of the workman. Citation No; 2024 LiveLaw 116 Case Title: Jayapal K M AND The Management of Shakti Precision Components Limited Case No: WRIT PETITION NO.149 OF 2022 C/W WRIT PETITION NO.52533 OF 2019 Click Here To Read/Download Order