Kerala High Court in Sujith T.V. vs. Fertilisers and Chemicals Travancore Ltd. (W.P 4754/2009),On June 18, 2024, declined to grant relief to the employee regarding the employer’s decision to suspend and issue a warning. This decision stemmed from the employee’s admission of unauthorized entry into the ammonia handling section. However, concerning the charge of spreading false information and making libelous statements via messages in a WhatsApp group, the Court noted that the WhatsApp group was private and comprised only of the Company’s technicians. The Court upheld the employee’s fundamental right to freedom of speech guaranteed under Article 19(1)(a) of the Constitution, ruling that this charge could not be sustained as it infringed upon the employee’s constitutional rights.
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