Summary: Kumar Dashrath Kamble, a cleaner at Bombay Hospital, fought a court battle to get a permanent job after being denied because he was HIV positive. The court ruled in his favor, giving him a permanent position starting from December 2006, though he only received back pay from a later date.
Kumar Dashrath Kamble began working as a cleaner at Bombay Hospital in Mumbai in 1994. In 2006, an agreement was made to make some temporary workers permanent, but Kumar was left out after a medical test showed he was HIV positive.
Kumar's fight for fairness began when he went to the Deputy Commissioner of Labour on December 12, 2017, asking for a permanent job since 2006. The hospital didn't cooperate, so he filed a complaint in the Industrial Court in 2018.
"The Complainant states that in the year 1999 to regularize his service H.I.V. test was done... and as per report the Complainant found negative."
On May 3, 2023, the Industrial Court dismissed Kumar's complaint, pointing out issues with the process and the agreement terms. However, Kumar disagreed with this decision, saying it was unfair because of his HIV status.
Justice Sandeep V. Marne of the Bombay High Court looked at Kumar's case. On December 23, 2025, the court decided that not giving him a permanent job because he was HIV positive was unfair.
"Denial of benefit of permanency to the Petitioner on the ground of his status as HIV+ is clearly arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India."
The court ordered that Kumar be given a permanent job starting December 1, 2006. However, he would only receive back pay from July 5, 2018, because of delays in the process.
"The actual financial benefits arising out of permanency w.e.f. 1 December 2006 shall however be extended to the Petitioner only w.e.f. 5 July 2018."
Kumar Dashrath Kamble was granted a permanent job at Bombay Hospital starting from December 2006, but his financial compensation would only start from July 5, 2018. This case underscores the need for fairness in employment, especially for workers with health conditions.
