The state-run Maharashtra State Road Transport Corporation today told the Bombay High Court that it was ready to reinstate a bus driver who was sacked after he contracted HIV, but it won't pay him the wages for the period he did not serve due to illness.
The driver (name not disclosed) had challenged his dismissal.
His lawyer, advocate Manish Dixit, contended today that the corporation should pay the back wages, as his client was not pressing for any compensation or litigation costs.
The Court, on September 6, ordered his reinstatement, holding that sacking a person for being HIV positive was an unconstitutional act, and violation of right to livelihood.
MSRTC agreed to reinstate him, subject to he being fit. Today the petitioner produced a medical certificate which said he was fit to work as a peon.
MSRTC lawyer G S Hegde said that both the parties had agreed that backwages would not be paid; but he would consult the corporation on the issue and inform the court about its decision at the next hearing on October 10.
The petitioner contracted HIV in 2008. He was sacked in 2012 after government doctors said that he could be unfit to work as driver of heavy vehicles.
