Symbiosis Society assures HC to allow unvaccinated employees to resume work
Pune-based Symbiosis Society on Friday assured the Bombay high court that it would allow its unvaccinated employees, who had been sent on unpaid leave till they were fully vaccinated, to resume work
Pune-based Symbiosis Society on Friday assured the Bombay high court that it would allow its unvaccinated employees, who had been sent on unpaid leave till they were fully vaccinated, to resume work.
The assurance came in response to a petition filed by an employee who had challenged the January 20 notice by the institute, stating that it could not make vaccination mandatory, especially when he was unable to take the doses because of health issues.
In the light of the Supreme Court’s ruling on May 2 where it held that vaccination could not be made mandatory, the HC directed the institute to allow the petitioner to resume work and also reimburse his dues. The institute then submitted that it would review its policy and allow the unvaccinated employees to resume work and also consider reimbursing the petitioner.
A division bench of justice A K Menon and justice Nitin Borkar was hearing the plea filed by Subrata Mazumdar, who works as a supervisor at Symbiosis Centre for International Education located at Lavale in Mulshi tehsil. His counsels, advocates Animesh Jadhav, Vasant Kumar Takke, and Shreekrishna More, said the notice violated his fundamental right and hence, should be declared illegal.
According to the petition, which was filed in March, Mazumdar and other employees of the institute had received the notice through email asking those who were not vaccinated to go on unpaid leave till they produced documentary evidence of vaccination. Mazumdar, the plea said, had replied to the email that he was unable to get vaccinated because of health problems, but he did not receive any response, prompting him to approach the HC.
In the last hearing on May 11, the bench asked the institute to reply to the petition.
On Friday, the institute filed a written statement through advocate Ravi Bharadwaj stating that in view of the recent SC order, it would review its policy which made vaccination mandatory and conditional for continuation of service. The institute further said it would reinstate the employee and also abide by any other directions issued by the HC.
Thereafter, the bench granted liberty to the institute to review its policy and pass further orders to allow unvaccinated employees to resume work and reimburse the petitioner’s dues. The court also directed the institute to pass an order for dealing with the question of compensation from the month of January till date.
