JUDGMENT

1. The Petitioners are employees of the Mumbai Port Trust ('MPT'). The Petitioners have impugned MPT's Circular dated 15th June, 2021 which inter alia reads as under:

'(ii) Employees who have not registered for vaccination/Registered but not taken any dose of vaccine so far, will not be permitted to attend office without production of RT-PCR test conducted by a recognised hospital at their own cost w.e.f. 16.6.2021.

(iii) The RT-PCR test report will be valid for ten days only and thereafter the employees have to again submit fresh RT-PCR Report, for every 10 days, so as to take them to duty.

(iv) Further, the above facts will also be taken into consideration for payment of Rs. 50 lakh compensation announced by the Ministry.

(v) Further, the employees who have not registered for vaccination/employees who have registered but have not taken vaccine so far, will be given treatment in Port Hospital on payment basis only for COVID-19 treatment. Further, no referral / reimbursement of bills will be entertained in their cases in respect of COVID-19 related treatment hospitalization.' ('Impugned Circular')

2. It is common ground that a majority of the Petitioners are not fully vaccinated