K'taka HC recalls stay on Govt's menstrual leave policy; hearing set for Dec 10
K'taka HC recalls stay on Govt's menstrual leave policy; hearing set for Dec 10
Karnataka High Court lifts the stay on the new menstrual leave rule for women workers as arguments are scheduled for December 10.
In a rapid sequence of events, the Karnataka High Court briefly stayed the government's new menstrual leave policy for women employees, then recalled the order and said it will hear the matter again on December 10. The court had issued an interim stay on Tuesday morning while hearing two petitions—one from the Bangalore Hotels Association and another from Avirata AFL Connectivity Systems—before later recalling it in the afternoon after the Advocate General urged reconsideration. The judge noted urgency in the matter and posted further hearing on interim relief for December 10.
Under the Government notification issued on November 20, every industrial establishment registered under the Factories Act, the Karnataka Shops and Commercial Establishments Act, the Plantation Labour Act, the Beedi and Cigar Workers Act, and the Motor Transport Workers Act must grant women employees one paid menstrual leave every month. The policy requires no medical certificate and stipulates that the leave be utilized in the same month. It covers permanent, contract, and outsourced workers alike.
Petitioners including the Bangalore Hotels Association, which represents over 1,500 hotels, bakeries, eateries, and related establishments across the city, argue that labour laws already regulate leave and that the new monthly menstrual leave lacks statutory backing. They say the notification creates a new category of leave without a clear statutory framework. The government, through the Advocate General, countered that there is urgency and that arguments will be presented in court. The next hearing will shape whether the policy stands pending a fuller adjudication or remains on hold for now.
The development underscored the clash between worker benefits and statutory authority in a major hospitality hub like Bangalore. As offices and hotels in the city navigate a rapidly changing policy landscape, all eyes will be on December 10 to see whether the court grants interim relief or allows the government’s plan to proceed with further legal scrutiny.
Cover image source: Karnataka High Court stays government’s order mandating one-day monthly menstrual leave for women employees 🔗
