Court Orders Permanent Employment Status for HIV+ Worker, Citing Violation of Constitutional Rights
In a landmark decision, the Bombay High Court has ruled in favor of Kumar Dashrath Kamble, a sweeper at Bombay Hospital, who was denied permanent employment due to his HIV+ status. The court held that such denial was arbitrary, discriminatory, and violated Articles 14 and 16 of the Indian Constitution, which guarantee equality before the law and non-discrimination in employment.
Justice Sandeep V. Marne presided over the case, wherein Kamble challenged the rejection of his plea for permanency that dated back to 2006. Despite working for the hospital since 1994 and performing his duties efficiently, Kamble's application for permanent status was declined following a medical examination that revealed his HIV+ status.
The court recognized the settlement agreement between the hospital and its employees, which conditioned permanency on medical fitness. However, the court found this stipulation to be invalid, as it contravened the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, which prohibits discrimination against individuals based on their HIV status.
Justice Marne observed that Kamble had been performing his duties successfully for 19 years despite being HIV+, and emphasized that the hospital's actions amounted to extracting labor without granting due employment benefits. The court ordered that Kamble be granted permanent employment status retroactively from December 1, 2006, the date of the settlement agreement.
However, the court limited the financial benefits of permanency to begin from 90 days prior to the filing of the complaint in 2018, acknowledging the lapse in time in pursuing the case. The court directed Bombay Hospital to pay all arrears within three months, failing which interest would be applicable.
This decision sets a significant precedent in the fight against workplace discrimination based on health conditions, reaffirming the principles of equality and non-discrimination enshrined in the Indian Constitution.
Bottom Line:
Denial of permanency to an employee due to HIV+ status is arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India.
Statutory provision(s): Articles 14 and 16 of the Constitution of India, Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 Section 3, Industrial Disputes Act, 1947 Section 18, MRTU & PULP Act, 1971 Section 28
Kumar Dashrath Kamble v. Bombay Hospital, (Bombay) : Law Finder Doc Id # 2826308
