<p>Bengaluru: The high court has posted to Wednesday petitions challenging the government notification, mandating industrial establishments registered under various laws to provide one day paid menstrual leave per month to all permanent, contract and outsourced women employees.</p>.<p>On Tuesday, Justice Jyoti M initially stayed the operation of the order. But the interim order was recalled just before lunch break at the request of advocate general Shashikiran Shetty.</p>.<p>The petitions are filed by Bangalore Hotels Association and the management of Avirata AFL Connectivity Systems Limited, challenging the Nov 20 notification.</p>.<p>It had directed employers to provide 12 paid leaves per year to all women staff aged 18-52 years in establishments 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.</p>.After employees, students to get menstrual leave in Karnataka.<p>The women do not have to submit any medical certificate while availing of the menstrual leave, the order said.</p>.<p>The advocate for the petitioners said the notification was not supported by any legislative enactment and was unconstitutional and violative of Art 14 of the Constitution. The Bangalore Hotels Association claimed that it had 1,540 establishments/owners as active members.</p>.<p>The plea 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 said under various laws, there was a comprehensive statutory framework through mandating employers to provide sufficient leave to employees, adding none of the statutes has got any provision/s mandating menstrual leave.</p>.<p>The advocates representing the petitioners said the government did not consult managements before issuing order. The petitioners said, instead of leaving it to employers to decide appropriately on granting menstrual leave as part of HR policies, authorities had unnecessarily interfered in employers' affairs.</p>.<p>They said no preliminary notification, seeking objections from stakeholders, was called for and thus, the notification was in violation of principles of natural justice. </p>.<p>It was stated that granting menstrual leave was likely to cause additional financial burden depending upon the number of female employees and as such, it would cause serious civil consequences as well.</p>
<p>Bengaluru: The high court has posted to Wednesday petitions challenging the government notification, mandating industrial establishments registered under various laws to provide one day paid menstrual leave per month to all permanent, contract and outsourced women employees.</p>.<p>On Tuesday, Justice Jyoti M initially stayed the operation of the order. But the interim order was recalled just before lunch break at the request of advocate general Shashikiran Shetty.</p>.<p>The petitions are filed by Bangalore Hotels Association and the management of Avirata AFL Connectivity Systems Limited, challenging the Nov 20 notification.</p>.<p>It had directed employers to provide 12 paid leaves per year to all women staff aged 18-52 years in establishments 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.</p>.After employees, students to get menstrual leave in Karnataka.<p>The women do not have to submit any medical certificate while availing of the menstrual leave, the order said.</p>.<p>The advocate for the petitioners said the notification was not supported by any legislative enactment and was unconstitutional and violative of Art 14 of the Constitution. The Bangalore Hotels Association claimed that it had 1,540 establishments/owners as active members.</p>.<p>The plea 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 said under various laws, there was a comprehensive statutory framework through mandating employers to provide sufficient leave to employees, adding none of the statutes has got any provision/s mandating menstrual leave.</p>.<p>The advocates representing the petitioners said the government did not consult managements before issuing order. The petitioners said, instead of leaving it to employers to decide appropriately on granting menstrual leave as part of HR policies, authorities had unnecessarily interfered in employers' affairs.</p>.<p>They said no preliminary notification, seeking objections from stakeholders, was called for and thus, the notification was in violation of principles of natural justice. </p>.<p>It was stated that granting menstrual leave was likely to cause additional financial burden depending upon the number of female employees and as such, it would cause serious civil consequences as well.</p>
