A Pune-based woman, who was sacked by her employer almost three years ago for being HIV +ve, finally got her job back after the labour court ordered the company to reinstate her and provide her wages for the absentee period.
In an order passed on Monday (December 3), the court ordered the company to restore her in the same designation and provide the wages, news agency ANI reported.
The episode dates back to 2015 when the concerned pharma company had terminated her after she submitted medical documents to the company for claiming benefits. The report revealed to her employer that she was diagnosed with HIV, following which the company asked her to resign within 30 minutes.
“I was asked to submit a document for the medical claim and when I did that, they asked me about it [HIV]. I told them I got it from my husband and within 30 minutes, they forced me to resign. I had been working there as a trainee operator for five years,” she said.
Her husband died of the disease. She was also boycotted by her in-laws for having this infection.
The woman further claimed that the company officials had verbally informed her that the reason for her removal was the HIV infection; the documents (relieving letter/experience letter) handed over to her by the company clear mentioned absenteeism as the reason.
Advocate Vishal Jadhav, who appeared for woman, said, “An employee was terminated on the basis of being tested positive for HIV, however, the company claims that the employee resigned herself.”
The Pune court, on Monday, declared that no employee can be terminated on being tested positive for HIV.
“The company was asked to reinstate her in the same post she was in, along with providing all the back wages,” the lawyer added.