The Allahabad high court has cautioned the management of a retail chain against compelling employees to wear Santa Claus red caps at workplace, observing that such compulsion may hurt the sentiments of people of different faiths and beliefs.
As per the allegations, the applicant, working at the retail chain’s Agra store, compelled his subordinate employees to wear a Santa Claus cap. The high court observed that the compulsion to wear the Santa Claus red cap was not permitted in the country’s democratic system wherein every citizen is free to follow their faith and belief. The court warned the applicant and his superior authorities not to repeat this type of instruction. It added that such instructions could disturb the peaceful and harmonious atmosphere of the working place amongst their employees.
“This type of action is not permitted in the democratic system of the country wherein every citizen is free to follow his/her faith and belief,” the court said.
the AGA did not dispute this legal submission Although the state opposed the application. Referring to the explanation to section 2(d) CrPC, the court noted that the charge sheet submitted by the concerned investigating officer in the present case shall be treated as a complaint and shall be decided as such.
Counsel for the applicant submitted that Sections 298 and 504 IPC are non-cognizable offences. It was argued that in view of the explanation to section 2(d) CrPC, a police report filed after investigation into a non-cognizable offence is required to be treated as a complaint and cannot proceed as a police case. The high court set aside the December 2023 summoning order passed by the CJM, Agra, in so far as it concerned the applicant, and partly allowed the application. However, the high court in its September 10 decision clarified that its order would not prevent the competent court from proceeding with the case by treating it as a complaint case, if required.
