The Himachal Pradesh High Court has ordered the Himachal Road Transport Corporation to reinstate a contract-based conductor whose employment was terminated over messages sent within a private WhatsApp group, establishing that private exchanges do not constitute public criticism.
Setting aside the corporation’s termination order dated October 10, 2023, the court held that workers possess the right to voice frustrations and articulate workplace grievances. The bench observed that employee dissatisfaction is natural across organisations and that permitting its expression serves management’s long-term interests by enabling corrective action, concluding that employers should refrain from intervening unless such discussions directly inflict harm on the organisation’s reputation.
Private Messages Not Public Criticism
The litigation arose from actions taken against Sunil Kumar, who joined the state transport undertaking on a contractual basis in 2021. In September 2023, several conductors established a messaging group titled “Himachal Parichalak Ekta.” Within this forum, Kumar posted two general communications reviewing recently introduced corporation regulations and outlining their prospective benefits and drawbacks for the workforce.
HRTC authorities subsequently treated the shared messages as a breach of corporate social media regulations and an infringement of contractual employment conditions, issuing a termination order on October 10, 2023. Kumar then petitioned the High Court to challenge the dismissal.
Disciplinary Process Found Prejudged
In reviewing the administrative steps taken by the transport undertaking, the High Court also highlighted procedural flaws in the action taken against the worker. The bench noted that HRTC management had already concluded that Kumar was unsuitable for continued service at the initial stage of serving the show-cause notice, prior to completing the formal inquiry process.
