Karnataka HC withdraws stay on menstrual leave after State's plea

The Karnataka government, last month, passed an order mandating one day paid menstrual leave per month to women employees aged between 18 and 52 years working in permanent, contractual and outsourced

Hours after staying the state government's order mandating menstrual leave for working women, the Karnataka High Court recalled its order on Tuesday, agreeing to hear the government's arguments tomorrow.

 

Justice Jyoti M recalled the interim order after Karnataka’s Advocate General, Shashi Kiran Shetty, informed the court that the relief granted was contrary to a Supreme Court judgment and urged the court to reconsider the stay, according to LiveLaw. 

What's the case?

The Karnataka government, last month, issued an order mandating one day paid menstrual leave per month to women employees aged between 18 and 52 years working in permanent, contractual and outsourced jobs.

 

 

A petition was filed against the order by the Bangalore Hotels' Association and Avirata AFL Connectivity Systems, arguing that the State did not have the authority to issue an executive notification mandating such leave.

 

"This notification does not even indicate under which power the government has issued," the petitioner's counsel said, as quoted by Bar and Bench.

 

The menstrual leave was meant for women working in all industries and establishments registered under the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantation Workers Act, 1951, the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, and the Motor Transport Workers Act, 1961.

 

The petition further argued that existing labour laws already provide adequate provisions for employee leave and that more such leave can cause additional financial burdens and have serious civil consequences. It also said that the Karnataka government introduced the measure without consulting them.