Foul language? Check employee’s background before taking action, says Madras High Court

Chennai: Companies, while engaging labourers from lower strata of society, must consider the background of such workers and the "smell of the soil" in their language while taking disciplinary action against them for alleged use of inappropriate language at workplace, Madras high court has observed."Though, under normal circumstances, it should be considered a serious charge, one must consider that this is an organization (the company) arising from a self-help group formed amongst women of the lowest strata of society, and the smell of the soil that is in the language of the worker should be taken into account along with the social background in which all the workers arise, and should not be considered divorced from their ground realities," Justice D Bharatha Chakravarthy said.
The issue pertained to an appeal moved by Meadow Rural Enterprises Pvt Ltd, challenging an order of a labour court directing reinstatement of T Rajeswari, who was terminated from service on the allegation that she used unparliamentary words at the workplace multiple times in connection with a dispute with the company. "However, the worker (Rajeswari) should understand that the agency is trying to uplift them into entrepreneurs and, therefore, cannot pursue the same language and must correct herself. In any event, it can be seen that, considering the overall circumstances, 75% of back wages was not granted by the labour court, and that should also be borne in mind with reference to the allegations," the judge said.On Jan 11, 2021, a labour court in Hosur passed an order observing that the allegations against the worker were vague and lacked specific details, complaints were not furnished to the worker, evidence was insufficient, and no documentary proof of insubordination or misconduct was produced.The court then set aside the termination and ordered her reinstatement with continuity of service. The court, however, ordered payment of only 25% of back wages.