Bengaluru, Dec 9 The Karnataka High Court on Tuesday issued an interim order staying the government notification directing registered Industrial establishments to provide one-day menstrual leave for working women.
The bench, headed by Justice M. Jyothi, passed the order in this regard and directed the government to file objections.
The order was passed while looking into the petition questioning the government order by the Bangalore Hotels Association and Management of Avirata AFL Connectivity Systems Limited. The case will be relisted after the winter vacation. The bench has also allowed petitioners to seek modification of the order later.
The bench asked whether the government had consulted or heard from the management before issuing the notification. The counsel said it had not. After that, the court issued the interim order.
The government notification, issued on November 20, mandated industrial establishments to provide paid menstrual leave to women employees.
The petitioners' counsel argued that the government had issued an executive order directing establishments to grant menstrual leave.
The counsel pointed out that the laws governing industries already provide a complete leave policy, and none of those laws contain any provision that requires employers to provide menstrual leave.
The petition seeking to quash the government order states the establishments are registered under different labour laws - 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. Under these laws, employees are allowed only 12 days of leave per year.
The laws mentioned above do not contain any clause that requires employers to give menstrual leave to female employees. Therefore, the government does not have the authority to force industrial establishments to provide menstrual leave through an executive order, the petition said.
The petition further states that the government order is unconstitutional and against Article 14 of the Constitution of India.
Karnataka recently announced one-day menstrual leave for working women, under which women aged 18 to 52 years are allowed to get one day of paid leave each month.
The new policy proposed a paid holiday for women to rest during menstruation. The policy applies to permanent, contractual and outsourced employees.
The order was issued by the government on November 12, directing employers to provide 12 paid leaves.
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