#safety Archives - Prime Legal

Kerala High Court uphold employee’s safety rights on WhatsApp group

BACKGROUND

Fertilisers and Chemicals Travancore Ltd. employed the petitioner-technician (FACT).
On July 31, 2019, he was suspended on two counts of disseminating false information through the WhatsApp group and entering a restricted place without authorization after sharing the controversial texts. The petitioner’s acts, according to the corporation, broke safety regulations and damaged the company’s reputation. The corporation acknowledged the petitioner’s apology and expressed regret. He eventually found out, though, that the company’s punishment was a formal warning. He filed a case against his suspension and the warning order with the Kerala High Court, arguing that it should not have been placed in his service records and could have a negative impact on his career. The petitioner contended that the disciplinary action against him was not preceded by a formal investigation. The employer, FACT, retorted that the employee’s posts in the WhatsApp group implied that the job was dangerous. It further stated that the petitioner’s punishment was insignificant and that such statements would motivate other employees to rebel against the corporation. The Court observed that although the petitioner had apologised and admitted to having sent the WhatsApp posts, it did not mean he had admitted to the charge that the messages were “objectionable.”

VERDICT

The court ruled that, there is nothing wrong about an employee discussing safety issues at his employer in private chats on WhatsApp. It was emphasized that violating the employee’s right to free speech and expression under Article 19(1)(a) of the Constitution would result in disciplinary action from the employer. While dismissing one of two disciplinary allegations brought against a technician employed by a government-run fertilizer plant, the Court made this statement. The technician had uploaded a few posts regarding ammonia handling safety problems at a company unit. These were exchanged in a closed WhatsApp group.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Shreyasi Ghatak

Background –

In a devastating incident in Rajkot, Gujarat, on 24^th May, 2024, a fire at a play or game zone claimed the lives of at least 33 individuals. The blaze was reportedly ignited during welding operations. According to a preliminary report by the SIT, significant negligence by the promoters of the TRP Game Zone was identified. This fire incident occurred in September 2023 and followed a similar event where welding had previously caused a fire at the same location. Despite the fire brigade’s intervention to extinguish that earlier fire, fire department officials failed to address the evident lack of fire safety measures at the TRP Game Zone.

Update on the Issue –

On May 26, the High Court took suo motu cognizance of the Rajkot fire incident that resulted in 27 fatalities. The Court was alarmed by news reports suggesting that the gaming zone might have exploited loopholes in the Gujarat Comprehensive General Development Control Regulations (CGDCR) to construct illegal recreational structures. Gujarati newspapers reported that the gaming zone had erected temporary tin structures to circumvent permission requirements.

The Court vide order dated 13^th June, 2024, observed that such gaming zones had emerged not only in Rajkot but also in Ahmedabad, posing significant public safety risks. Concluding that the disaster was prima facie man-made, the Court sought responses from the municipal corporations of Surat, Ahmedabad, Rajkot, and Baroda on the legal provisions allowing these gaming zones and recreational facilities to be established or maintained.

The Gujarat High Court directed the State government to establish a fact-finding committee to investigate the May 24 fire incident at the Rajkot gaming zone and scrutinize the inaction of senior Rajkot Municipal Corporation officers. Chief Justice Sunita Agarwal and Justice Pranav Trivedi emphasized the need for a thorough inquiry, ensuring that any official found negligent would be held accountable.

Further, the Court ordered an investigation into the operations of all municipal corporations in the State, referencing other recent tragic incidents such as the Morbi bridge collapse and the Harni Lake boat tragedy. Additionally, the State was instructed to physically inspect schools, both State-run and private, that serve children aged 3 to 14 years, to verify fire safety measures and building permissions.

The Principal Secretary of the State Urban Development and Urban Housing Department was mandated to file a personal affidavit to submit the inquiry report. The matter is scheduled for further hearing on July 4. Advocate DM Devnani served as amicus curiae, assisting the Court in this case.

Written by – Anurag Das

Best Lawyers in Bangalore

Kerala High Court uphold employee’s safety rights on WhatsApp group

Gujarat High Court Cracks Down on Safety Violations After Rajkot Fire Tragedy