Document Fragment View
Fragment Information
Showing contexts for: ELISA test in Mr.Y vs The Secretary To The Government on 4 January, 2011Matching Fragments
49. The circular dated 31-10-1991 issued by the respondent-Corporation shows that the management had decided to include inter alia HIV test for AIDS in addition to the existing test for fresh recruits in order to ensure that they do not have any serious communicable disease. The circular dated 8th April, 1993 reiterating the directions in the earlier circular dated 31-10-1991 in para 2 additionally provides that it has been now decided that HIV test for AIDS (ELISA) is mandatory test for pre-confirmation. In para 4, the circular states that if the employee is found to be HIV positive by ELISA test, his services will be terminated. Thus, the respondent-Corporation, has framed a rule, which denies employment to the fresh recruits and which enables the Corporation to terminate the services of the employee solely on the ground that the employee is found to be HIV positive irrespective of the fact that such a person is able to carry out the job requirements or, that such person does not pose any threat to persons and property at the workplace.