Bengaluru, Dec 9 (LatestNewsX) – On this Tuesday, the Karnataka High Court revisited its earlier stay, which had barred a government notification mandating registered industrial premises to grant women a one‑day menstrual leave. The case is set for hearing on Wednesday.
Justice M. Jyothi presided over the bench that issued the new order after Advocate General Shashi Kiran Shetty approached the court before lunch, asking the judge to lift the prior stay. The AG requested the court to recall the stay, and the bench agreed to consider the plea, scheduling a hearing for the following day.
Earlier, the High Court had paused the notification and directed the government to file any objections. That interim decision came while the court was reviewing a petition from the Bangalore Hotels Association and Management of Avirata AFL Connectivity Systems Limited, which challenged the government’s directive. The matter will be rescheduled after the winter vacation, and the bench has allowed the petitioners to seek modifications to the order later.
The bench questioned whether the government had consulted or heard from employers before issuing the notice, and the counsel admitted it had not; consequently, the court issued the stay.
On November 20, the government had issued a notice directing industrial establishments to provide paid menstrual leave to female employees.
Petitioners’ attorneys argued that the executive order imposing menstrual leave was unnecessary because existing labour laws already stipulate comprehensive leave provisions, and none of those statutes mandate menstrual leave.
The petition contends that the affected establishments fall under various labour statutes—such as the Factories Act, the Karnataka Shops and Commercial Establishments Act, the Plantations Labour Act, the Beedi and Cigar Workers (Conditions of Employment) Act, and the Motor Transport Workers Act—each of which grants employees only twelve leave days per year and contains no clause requiring menstrual leave. Therefore, they maintain that the government lacks the authority to enforce menstrual leave through an executive order.
They also claim that the order is unconstitutional, citing an alleged violation of Article 14 of the Indian Constitution.
Karnataka recently rolled out a one‑day menstrual leave scheme for working women aged 18 to 52, allowing them one paid day off each month. The policy applies to permanent, contractual, and outsourced staff. The government’s November 12 directive requested employers to provide twelve paid leaves, a figure that the petitioners question.
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