Imposing testing for port employees is legal, according to the Bombay High Court
Seven employees of Mumbai Port Trust (MPT) challenged a circular it issued in June 2021, on the ground that it discriminated between vaccinated and unvaccinated employees. The Bombay High Court held on 21 December 2021 (writ petition [L] No. 17132 of 2021) that it is reasonable for the MPT to take the position that persons choosing not to vaccinate must themselves bear the recurring cost of providing PCR test reports, more so since MPT is willing to provide the test on actual cost basis. The court added that the requirement for unvaccinated employees to periodically test is a reasonable restriction on the fundamental rights of the claimants to carry out their occupation or trade.