New Delhi: The Delhi High Court Wednesday reproached Twitter India for appointing its Chief Compliance Officer and Resident Grievance Officer as a “contingent” worker via a third-party contract and not a regular worker, as mandated by the new Information Technology rules.
The new IT rules, which came into force on 26 May this year, make it compulsory for social media platforms to make these appointments.
However, during the hearing, a single-judge bench of Justice Rekha Palli expressed disapproval on the “contingent” appointment of Vinay Prakash, as both the COO and resident grievance officer.
“This gives an impression that he has been appointed in view of some contingency. Will he remain there till you employ someone permanent? What are you trying to imply?” Justice Palli asked Twitter’s counsel, senior advocate Sajan Poovayya.
In reply, Poovayya said that Twitter will “endeavour” to appoint a qualified person as a regular employee on the post within eight weeks.
The judge responded: “Your company is making so much money here (India) and you are saying you will make an endeavour (to appoint) within eight weeks.”
In an earlier hearing of the petition, on 8 July, Twitter had said that it had appointed an “interim grievance officer” in accordance with the IT rules but the court rejected its submission and the judge gave the company two weeks to file a “better affidavit”.
Citing the earlier submission, Justice Palli called the appointment of a contingent worker “worse”.
“Earlier you said interim, now you say contingent. You have made it worse. What do you mean by this word ‘contingent’?” she said.
Poovayya then explained that it was contractual employment and once Twitter establishes a place of work, it will become permanent. “He (officer) undertakes all responsibility,” the lawyer said.
Also read: Not discharging public function, no positive obligation to further free speech: Twitter tells HC
ASG takes exception to use of ‘contingent’
Additional Solicitor General Chetan Sharma, the central government counsel, also took strong objection to the use of the word ‘contingent’.
He pointed out that according to the IT Rules, the COO and resident grievance officer should be two separate appointments and that a person with a chief managerial rank should be appointed as the COO.
Both of these terms were not followed by Twitter, said Sharma. “This is abject non-compliance as the rule position is not adhered to.”
The government, he said, has not taken action because the matter is pending before the court.
Voicing her “unhappiness” over Twitter’s “non-compliance” of its orders as well as the rules, the judge agreed with Sharma’s contention that the COO has to be a senior employee.
“He is a 31-year-old person who says I am not an employee but undertakes responsibility. This is not compliance. I just want to know whether you will comply with it (rules) or not. And, if you are doing it (following the law), then do it wholeheartedly,” said the judge.
Justice Palli has given Twitter a week’s time to file a “better affidavit” on what the company means by a ‘contingent worker’ and also asked it to disclose the name of the third-party contractor.
The matter will now be heard on 6 August.
(Edited by Rachel John)
Also read: The 13 times Twitter India faced action, questions in 41 days amid govt push for new IT rules