Hours after staying policy on paid menstrual leave for women, Karnataka High Court recalls its order

The Karnataka High Court has recalled its interim order passed this morning by which it had stayed a State government notification entitling women employees in various establishments to avail one paid leave each month as menstrual leave.

Justice Jyoti M recalled the interim order after the State's Advocate General Shashi Kiran Shetty mentioned the matter before the Court's lunch break and urged the judge to reconsider its stay order.

The matter will be heard further tomorrow.

The interim order that was passed earlier today came on a petition filed by the Bangalore Hotels Association challenging the State's new menstrual leave policy.

The association contended that the State did not have the power to issue an executive notification making it compulsory for establishments to give one paid menstrual leave each month to women employees.

"This notification does not even indicate under which power the government has issued," the petitioner's counsel argued today. 

This notification applies to all industries and establishments in the State which are registered under the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantation Labour Act, 1951, the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and the Motor Transport Workers Act, 1961.

The association argued that there are already sufficient provisions for the grant of leave to employees under these laws. Its plea added that such matters should have been left to each establishment to decide.

The association further said that granting such menstrual leave is likely to cause additional financial burdens and has serious civil consequences.

Therefore, the government should have first sought the input of affected stakeholders before issuing such a notification, it was submitted.

After hearing preliminary submissions in the matter by the association's counsel Advocate Prashant BK, the Court had granted the association interim relief by staying the notification.

The Court had also sought the government's response in the matter.

However, Advocate General Shetty later appeared before the Court and urged it to recall its stay order. The Court agreed to do so and said it would hear the matter further tomorrow.