Justice After 18 Years: Bombay High Court Upholds Rights of HIV+ Worker

The Bombay High Court held that denying permanency to a hospital sweeper solely due to his HIV-positive status was arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution.

Justice Sandeep V. Marne noted that the petitioner, a poor sweeper, had performed the same duties as permanent employees but was unjustly denied regularisation

Setting aside the Industrial Court’s order, the Court directed that permanency be granted with effect from December 1, 2006.

However, applying the doctrine of delay and laches, the Court restricted arrears to 90 days prior to filing of the complaint, balancing equity with the hospital’s financial burden.