The central legal point established in the judgment is that the imposition of mandatory RT-PCR testing for unvaccinated employees and the denial of free Covid-19 treatment by MPT were reasonable and not discriminatory, considering the reduced risk of transmission for vaccinated individuals and the availability of free vaccination as alternatives.

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 against Covid-19 and they have chosen not to owing to personal reasons.

3. The Petitioners contend that MPT's imposition of a vaccine against Covid-19 is discriminatory between vaccinated and non-vaccinated employees. That vaccination is a voluntary act and that they cannot be compelled to vaccinate themselves. Reliance is placed on a response of the Ministry of Health & Family Welfare, Government of India dated 9th March 2021 to an RTI application wherein it has been made clear that taking a vaccine against Covid-19 is a voluntary act. In this regard, reliance is also placed on the decision in Common Cause (a Registered Society) vs. Union of India[(2018) 5 SCC Page 1 ] . The Petitioners further contend that no meaningful distinction can be made between vaccinated and unvaccinated persons and that both stand on the same footing in terms of their likelihood to transmit Covid-19. Reliance is placed on decisions of other High Courts to support this contention. accordingly, the Petitioners contend that the distinction which is sought to be drawn between vaccinated and unvaccinated employees and the differential treatment provided to these categories of persons by the MPT is discriminatory and violative of the Petitioners' fundamental rights. It is also alleged that the classification of persons into vaccinated and unvaccinated categories has no rational nexus with the object sought to be achieved i.e. protection of employees from contracting Covid-19.

4. as opposed to this, MPT contends that in the light of the established medical position, which is that vaccination provides a strong measure of protection against infection by, and transmission of Covid-19, it is certainly preferable that all of MPT's employees be vaccinated. MPT has therefore made every effort to provide free vaccinations to its employees, and the vast majority of the employees, recognizing the importance of being vaccinated, have got themselves vaccinated. However, MPT accepts the position that vaccination is voluntary and therefore is not compelling the Petitioners or any other employees to vaccinate themselves. as an alternative to vaccination, MPT has only stipulated that employees who are not vaccinated must periodically produce test certificates certifying that the employee is free of Covid-19. Further, since the employees refusing to vaccinate themselves are effectively insisting on placing themselves at a much higher risk of contracting Covid-19, MPT has stipulated that it will not bear the cost of the treatment of such persons. according to MPT, these stipulations are reasonable in the prevailing circumstances and are aimed at protecting its employees and preventing the spread of Covid-19. as regards, the issue of the Rs. 50 Lakh compensation to families of persons dying because