3 min readMumbaiJun 18, 2026 12:19 PM IST
First published on: Jun 18, 2026 at 12:19 PM IST
The Bombay High Court on Wednesday observed that derogatory utterances made by the driver appointed by a cooperative society for the transportation of fish against women belonging to the Koli (fisherfolk) community indicated his mindset towards the persons for whose benefit he was employed.
The HC said that such a person “cannot be rewarded with compensation” and set aside the Industrial Court’s order that had declared his termination from service illegal, and granted his reinstatement or back wages and compensation of Rs 5 lakh.
A single-judge bench of Justice Sandeep V Marne passed a ruling on a plea by Uttan Machimar and Vahatuk Sahakari Society Ltd, which had engaged respondent Nitin Jaywant Mhatre as a driver since January, 2001 and was terminated through an order of January, 2007.
The respondent claimed the society, instead of accepting his name on its managing committee, embroiled him in disciplinary inquiries and alleged misconduct for using unparliamentary language, which resulted in his termination.
It was alleged that in October, 2006, Mhatre used abusive language towards the vice chairman of the society and made vulgar and disparaging utterances towards fisherwomen.
The society, in its writ plea in the HC, argued through advocate Prashant Mohite, challenging the January, 2021 judgment of the Thane Industrial Court that reversed the August, 2015 judgment of the Labour Court that refused relief to Mhatre. The Industrial Court termed the termination illegal.
Justice Marne, after examining the material on record, observed that “respondent made derogatory utterances against women belonging to mainly Koli community” and “many fisherwomen were present when the utterances were made”.
“Thus, derogatory statements were not confined only in relation to Respondent’s employment and the same were made towards someone for whose benefit the Respondent was employed… The utterances made by him on October 14, 2006 indicated his mindset towards the persons for whose benefit he was employed with the organisation,” the judge held.
The HC, while allowing the society’s plea and upholding Labour court’s ruling, observed that the Industrial Court failed to appreciate the position on record and ” erroneously proceeded to set aside the order of the Labour Court by rewarding the respondent for his unpardonable conduct.”
It was alleged that in October, 2006, Mhatre used abusive language towards the vice chairman of the society and made vulgar and disparaging utterances towards fisherwomen. (Express Archive Photo) 
Share
