Court orders reinstation of women terminated for HIV

A Pune-based woman employee, who was terminated by her company after being diagnosed with HIV, got justice from the Labour Court almost after three years.

The court on Monday ordered the company to reinstate her in the same post she was in, along with providing all the back wages.

The company had terminated her in 2015 after she submitted a medical document for claiming medical benefits which revealed that she was diagnosed with HIV, following which company asked her to resign on the same day.

Speaking to ANI she said, "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 was working there as a trainee operator for 5 years."

However, the victim has claimed that she was verbally told by the company that the reason behind her removal is HIV but the documents she was provided clearly mentioned "Absenteeism" as the reason.

The woman further claimed that she had joined the company after a leave of two months for her health issues and suddenly after working for about a week when she was found positive with HIV and was to resign by the company.

Advocate Vishal Jadhav, who appeared for victim told ANI, "An employee was terminated on the basis of being tested positive for HIV, however, the company claims that the employee resigned herself. The employee challenged the company order in a court in Pune. The court found that no employee can be terminated on being tested positive for HIV as the termination can only take place under the frame of law, which was not done in this case. As a result, the company was asked to reinstate her in the same post she was in, along with providing all the back wages."

The woman was found positive with HIV through her husband who died from the disease. She was also boycotted by her in-laws for her disease.