Private WhatsApp messages not public criticism: HP HC
The Himachal Pradesh High Court has ordered the reinstatement of a contract-based conductor of the HRTC, holding that a private conversation on WhatsApp cannot be treated as public criticism and that employees have a right to air their grievances and vent their frustration.
The court quashed Himachal Road Transport Corporation’s (HRTC) October 10, 2023 order terminating the services of conductor Sunil Kumar, who was appointed on a contract basis in 2021.
In September 2023, some conductors created a WhatsApp group named “Himachal Parichalak Ekta”, in which Kumar shared two general messages discussing a review of the corporation’s new rules and their possible advantages and disadvantages for employees.
HRTC management treated the messages as a violation of its social media guidelines and the terms of Kumar’s contract and terminated his services in October 2023. He subsequently approached the High Court challenging the decision.
During the hearing, the court observed that it was natural for employees of any organisation to have grievances against the management.
“In the interest of the organisation itself, it is better to allow such grievances to be expressed, as this can have a corrective effect. Unless such expression directly harms the organisation’s reputation, the management should not interfere,” the court said.
The court also found that HRTC had already formed the opinion that Kumar was unfit to continue in service at the stage of issuing the show-cause notice itself.
