<p>Begngaluru: The Karnataka High Court has posted to Wednesday the petitions challenging the state government notification, mandating industrial establishments registered under various laws to provide one day paid menstrual leave per month to all permanent, contract, outsourced women employees.</p><p>On Tuesday, Justice Jyoti M initially stayed the operation of the notification. However, the interim order was recalled just before the lunch break at the request made by advocate general Shashikiran Shetty.</p><p>The petitions are filed by the Bangalore Hotels Association and the Management of Avirata AFL Connectivity Systems Limited challenging the November 20 state government notification. The notification had directed the employers to provide 12 paid leaves per year to all women employees aged 18-52 in establishments coming under Factories Act, 1948, Karnataka Shops and Commercial Establishments Act, 1961, Plantation Workers Act, 1951, Beedi Cigar Workers (Condition of Employment) Act, 1966 and Motor Vehicle Workers Act, 1961. The women do not have to submit any medical certificate while availing of the menstrual leave, the order stated.</p>.Centre not cooperating with Karnataka to solve farmers' woes: D K Shivakumar. <p>The advocate for the petitioners submitted that notification is not supported by any legislative enactment and unconstitutional and violative of Article 14 of the constitution. The Bangalore Hotels Association claimed that it has around 1540 establishments/owners as its active members. The petition said clause 9 of the Model Standing Orders appended to the Karnataka Industrial Employment (Standing Orders) Rules, mandates the employers to provide leave with pay as provided under the Factories Act, 1948, and other holidays in accordance with law, contract, custom and usage.</p><p>The petitioners submitted that under various laws there is a comprehensive statutory framework through mandating the employers to provide sufficient leave to the employees, adding that none of the statutes has got any provision/s mandating menstrual leave. The advocates representing the petitioners said the state government did not consult the management before issuance of the notification.</p><p>The petitioners stated that instead of leaving it to the employers to decide appropriately on granting of menstrual leave as part of their HR policies, the authorities have unnecessarily interfered in the affairs of the employers. They claimed that no preliminary notification, seeking objections from the stakeholders, was called for and thus, the notification has been issued in violation of principles of natural justice. It was further stated that granting of menstrual leave is likely to cause additional financial burden depending upon the size of the female employees and as such, it causes serious civil consequences as well.</p>
<p>Begngaluru: The Karnataka High Court has posted to Wednesday the petitions challenging the state government notification, mandating industrial establishments registered under various laws to provide one day paid menstrual leave per month to all permanent, contract, outsourced women employees.</p><p>On Tuesday, Justice Jyoti M initially stayed the operation of the notification. However, the interim order was recalled just before the lunch break at the request made by advocate general Shashikiran Shetty.</p><p>The petitions are filed by the Bangalore Hotels Association and the Management of Avirata AFL Connectivity Systems Limited challenging the November 20 state government notification. The notification had directed the employers to provide 12 paid leaves per year to all women employees aged 18-52 in establishments coming under Factories Act, 1948, Karnataka Shops and Commercial Establishments Act, 1961, Plantation Workers Act, 1951, Beedi Cigar Workers (Condition of Employment) Act, 1966 and Motor Vehicle Workers Act, 1961. The women do not have to submit any medical certificate while availing of the menstrual leave, the order stated.</p>.Centre not cooperating with Karnataka to solve farmers' woes: D K Shivakumar. <p>The advocate for the petitioners submitted that notification is not supported by any legislative enactment and unconstitutional and violative of Article 14 of the constitution. The Bangalore Hotels Association claimed that it has around 1540 establishments/owners as its active members. The petition said clause 9 of the Model Standing Orders appended to the Karnataka Industrial Employment (Standing Orders) Rules, mandates the employers to provide leave with pay as provided under the Factories Act, 1948, and other holidays in accordance with law, contract, custom and usage.</p><p>The petitioners submitted that under various laws there is a comprehensive statutory framework through mandating the employers to provide sufficient leave to the employees, adding that none of the statutes has got any provision/s mandating menstrual leave. The advocates representing the petitioners said the state government did not consult the management before issuance of the notification.</p><p>The petitioners stated that instead of leaving it to the employers to decide appropriately on granting of menstrual leave as part of their HR policies, the authorities have unnecessarily interfered in the affairs of the employers. They claimed that no preliminary notification, seeking objections from the stakeholders, was called for and thus, the notification has been issued in violation of principles of natural justice. It was further stated that granting of menstrual leave is likely to cause additional financial burden depending upon the size of the female employees and as such, it causes serious civil consequences as well.</p>