Karnataka HC Puts Brakes On Congress Govt's Menstrual-Leave Order: Which Industries Were Covered?
The November 9 notification made provision for one-day paid menstrual leave per month to women employees aged between 18 and 52 years. The rule was to apply to every woman working in permanent, contractual and outsourced jobs.
On December 2, the government had ordered the granting of one day of menstrual leave every month to female government employees of the state with immediate effect.
The notification covered all industries and establishments in the state 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 stay was granted by a bench of Justice Jyoti M based on a petition filed by Bangalore Hotels' Association and Avirata AFL Connectivity Systems. The petitioners contended that the Karnataka government did not consult them before making such provisions.
“This notification does not even indicate under which power the government has issued,” the petition said.
The Karnataka high court also added that the state government could seek a modification of this order, if needed, as it put a stay on it. "There shall be interim order as prayed for. Government to file statement of objections. Liberty to seek modification of the order," the order said, Bar and Bench reported.
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