Private WhatsApp Chat Not Public Criticism, Says Himachal Pradesh HC

The Himachal Pradesh High Court has ordered the reinstatement of a contract-based conductor of the Himachal Road Transport Corporation (HRTC), holding that private WhatsApp conversations cannot be treated as public criticism and employees have a right to express grievances and frustration.

The court quashed the October 10, 2023 order terminating the services of conductor Sunil Kumar, who was appointed by HRTC on a contractual basis in 2021.

The case arose after several conductors formed a WhatsApp group named “Himachal Parichalak Ekta” in September 2023. Kumar shared two general messages in the group discussing a review of the corporation’s new rules and their possible advantages and disadvantages for employees.

HRTC treated the messages as a violation of its social media guidelines and the terms of Kumar’s contract and terminated his services in October 2023. Kumar subsequently approached the High Court challenging the action.

During the hearing, the court observed that it was natural for employees in any organisation to have grievances against management. It said that, in the interest of an organisation, it was better to allow such concerns to be expressed as they could have a corrective effect.

The court said management should not interfere with such expressions unless they directly harm the organisation’s reputation.

The High Court also noted that HRTC appeared to have already formed the opinion that Kumar was unfit to continue in service at the stage when the show-cause notice was issued.

By setting aside the termination order, the court cleared the way for Kumar’s reinstatement. The ruling underscores the distinction between private employee discussions and public criticism, particularly when workers are expressing views about workplace policies and grievances.