In a dramatic turn of events on Tuesday, the Karnataka High Court recalled its own interim order that had earlier in the day stayed the State government’s notification granting one paid menstrual leave per month to women employees in registered establishments.
The stay was initially granted by Justice Jyoti M, who was hearing a petition filed by the Bangalore Hotels Associationchallenging the legality of the new policy. The Association argued that the State government lacked the power to issue such an executive notification and that the mandate imposes “additional financial burdens” and has “serious civil consequences” for employers.
The petitioners further submitted that:
- The notification does not specify the statutory provision under which it was issued.
- Existing labour laws such as the Factories Act, 1948, Karnataka Shops and Commercial Establishments Act, 1961, Plantation Labour Act, 1951, Beedi and Cigar Workers Act, 1966, and Motor Transport Workers Act, 1961 already provide adequate leave mechanisms.
- Any such policy should be left to individual establishments or be introduced only after stakeholder consultation.
After hearing preliminary arguments, the Court had issued an interim stay and sought a response from the State government.
However, before the lunch break, Advocate General Shashi Kiran Shetty urgently mentioned the matter and requested the judge to reconsider. Following the AG’s submissions, Justice Jyoti M recalled the stay order, effectively reviving the government’s menstrual leave policy until further hearing.
The Court stated that it would hear the matter in detail tomorrow, marking another significant step in the ongoing legal scrutiny of the State’s progressive yet contested leave policy for women.
