CHENNAI: The Madras High Court has refused to set aside an order of a labour court that ordered reinstatement of a woman worker of a company run by self-help groups for inappropriate use of language in the workplace. The court said the smell of the soil in the language shall be taken into account while taking disciplinary action.
Justice D Bharatha Chakravarthy made the observations recently while dismissing the writ petition filed by Meadow Rural Enterprises Private Limited, Hosur, against the 11.01.2021 order of the labour court which quashed the termination of the employee, T. Rajeshwari, made on 11.12.2015 and ordered her reinstatement with 25% backwages for interregnum period.
“Though, under normal circumstances, it should be considered as a serious charge, one has to take into account that this is an organisation arising from a self-help group formed amongst the women of the lowest strata of the 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 of their ground realities,” the judge said in the order.
However, he added, the respondent should understand that the agency is trying to uplift them from those kinds of backgrounds into entrepreneurs and therefore, cannot pursue the same language and has to correct herself. He noted, in any event, it can be seen that considering the overall circumstances, 75% of back-wages is not granted and that should also be borne in mind with reference to allegations.