Bengaluru, Dec 10 (NationPress) The Karnataka High Court announced on Wednesday that it will address a collection of petitions challenging the state government's directive mandating all registered industrial establishments to offer paid menstrual leave. The court emphasized that this matter is of significant public concern.

The bench, led by Justice M. Jyothi, made this statement while issuing the order.

Advocate General Shashi Kiran Shetty referenced Article 42 of the Constitution, which pertains to fair and humane working conditions as well as maternity benefits.

He also highlighted Article 15(3) and a Supreme Court ruling urging states to extend such benefits. The Advocate General further asserted that Karnataka has progressive legislation, noting that menstrual leave is recognized in several countries worldwide.

He mentioned that the Law Commission had thoroughly examined the topic and that all stakeholders were consulted prior to the government's issuance of the notification.

The court orally remarked: "You have already submitted a comprehensive objection. Here’s what we will do: Petitioner's advocate Prashanth will review it and present a rejoinder if necessary. We must consider both perspectives—those in favor of the order and those against it."

The petitioner's attorney indicated that arguments could proceed in the interim and requested the government refrain from further actions until that time.

Nonetheless, the Advocate General maintained: "We intend to fully implement the order."

The court then acknowledged: "This matter is of public significance. We will hear it again after the winter recess."

Following the dialogue, the court formalized its order. The Advocate General informed the court that the government has already submitted its objections in the Bangalore Hotels Association case and requested that those objections be regarded as relevant to other connected cases.

The court stated that if the petitioners wish to file a rejoinder, they are permitted to do so. The petitioners' counsel submitted a memo highlighting that crucial legal questions have emerged in the case. The court recognized this and recorded the memo.

Previously, the Karnataka High Court had issued a temporary order suspending the government notification instructing registered industrial establishments to provide one day of menstrual leave for working women and mandated the government to file objections.

This order was passed while evaluating the petition contesting the government order by the Bangalore Hotels Association and the Management of Avirata AFL Connectivity Systems Limited. The case will be rescheduled after the winter holiday. The Bench has also permitted petitioners to seek modifications to the order later.

The Bench questioned whether the government had consulted with management prior to issuing the notification. The counsel confirmed it had not. Subsequently, the court issued the interim order.

The government notification, released on November 20, required industrial establishments to provide paid menstrual leave to female employees.

The petitioners' counsel argued that the government had issued an executive order mandating establishments to grant menstrual leave.

The counsel pointed out that existing industrial laws already encompass a comprehensive leave policy, and none of those laws include a provision mandating employers to offer menstrual leave.

The petition seeking to annul the government order claims that the establishments operate under various labor 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 entitled to only 12 days of leave annually.