Bengaluru: In a significant interim relief to industrial establishments across Karnataka, the Karnataka High Court on Tuesday (December 9) stayed the state government’s November 20 notification mandating one day of paid menstrual leave every month for all permanent, contractual, and outsourced women employees working in registered industrial units. The stay was issued by Justice Jyoti M while hearing writ petitions filed by the Bangalore Hotels Association and the management of Avirata AFL Connectivity Systems Limited.
The court directed the Government Advocate to accept notice and file a detailed statement of objections. “There shall be an interim order as prayed for, liberty to seek modification of the order. Government to file a statement of objections; relist after winter vacation,” the bench observed, granting temporary relief to the petitioners until the next hearing.
The petitioners contended that the state government had issued an executive order without any statutory backing. Their counsel argued that the existing labour laws governing industrial establishments already provide a comprehensive leave structure, leaving no room for additional leave mandates without legislative amendment. “None of the statutes under which industries operate mandate menstrual leave. The government cannot direct its implementation through an executive order,” the counsel submitted.
The bench further questioned whether stakeholders or management representatives were consulted before the issuance of the notification. The petitioners confirmed that no prior consultation or preliminary notification seeking objections was issued, an omission they argued violates basic principles of natural justice.
The Bangalore Hotels Association, which represents around 1,540 establishments, stated in the petition that its members operate under various 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. These statutes regulate working hours, employee welfare, weekly holidays, and leave with wages.
The plea highlighted that most of these establishments are mandated to provide 12 days of earned leave annually, besides casual leave and other holidays. Furthermore, Clause 9 of the Model Standing Orders under the Karnataka Industrial Employment (Standing Orders) Rules requires employers to provide leave with pay as prescribed by the Factories Act and other applicable laws. Clause 10 allows for up to 10 days of casual leave, paid or unpaid, at the employer’s discretion.
The petitioners asserted that this statutory framework is already well-defined and exhaustive. Introducing an additional category of leave, menstrual leave, through an executive directive, they argued, is beyond the government’s authority.
A key argument raised by the petitioners was the potential financial and operational implications of the mandated menstrual leave. Depending on the size of the female workforce, the petitioners claimed that the order could lead to significant additional burdens on employers, affecting productivity and workforce planning. They argued that such changes, if at all needed, must follow legislative debate and stakeholder consultation.
The petitioners have sought quashing of the notification, terming it unconstitutional and ultra vires Article 14 of the Constitution. They argued that the notification creates an unreasonable obligation on employers and arbitrarily interferes with their administrative autonomy, without statutory justification.
The High Court has sought the state government’s objections, after which the matter will be taken up post-winter vacation. Until then, the enforcement of the menstrual leave mandate will remain suspended.
