Woman fired for being HIV positive gets back job after 3 years

Pune: Three years after a city-based woman was terminated for being HIV positive, a labour court here has ordered her former employer to reinstate her and clear all back wages.

The order was passed in October this year in which Kalpana Phatangare, presiding officer of the labour court, asked the pharmaceutical company to reinstate the woman and award “full back wages and continuity of service and consequential benefits”.
According to her submission to the court, she was forced to resign in 2015 after submitting medical documents to seek benefits of mediclaim following her diagnosis.

She said that the HR officials pressurised and coerced her to resign after coming to know that she was HIV positive, despite her telling them that she was mentally and physically fit and taking all precautions while working.

The woman told the court that since she was a widow, she needed the job.

According to the woman, her husband was diagnosed with HIV in 2004 and died two years later. After going for a medical checkup, she too was diagnosed with it.

In spite of the shocking revelation, she decided to live with self esteem, confidence and dignity, and was taking proper medical and counselling from government and NGOs, the woman said.

Her counsel told the court that the reason for the termination given on the document by the firm is ‘absenteeism’, although she was forced to resign because she was HIV positive.

The company, however, claimed in the court that she had resigned on her own and availed all the benefits such as gratuity, bonus and leave encashment while leaving.