View of Karnataka High Court. | Photo credit: SREENIVASA MURTHY V
The Karnataka High Court recalled its earlier interim order staying the state government’s November 20 notification directing registered establishments to provide one day leave a month to female employees aged 18 to 52 during their menstrual cycle.
Justice Jyoti M. passed the interim order staying the notification at around 10:45 am on Tuesday (December 9) after hearing arguments in two separate petitions filed by Bangalore Hotels’ Association and Avirata AFL Connectivity Systems Ltd, Bengaluru.
However, around 1:30 pm, the Court withdrew the interim order after Advocate General K. Shashi Kiran Shetty asked the court to hear arguments on behalf of the state tomorrow (December 10) before dealing with the petitioners’ plea to stay the menstrual leave notification.
The court accepted the AG’s request and adjourned the hearing to December 10 by recalling the stay order.
Appellants’ argument
The primary ground on which the petitioners challenged the validity of the notification was that there was no provision in the impugned Acts to grant leave during the menstrual cycle and therefore the Government had no power to introduce additional leave to various establishments registered under different labor laws by way of notification.
It was also pointed out to the court that the government did not consult the petitioners or similarly situated establishments before introducing the additional leave through the ‘Menstrual Leave Policy 2025’.
What was stated in the notice
Menstrual leave was mandated by establishments registered under the Factories Act, 1948, the Karnataka Shops and Business Establishments Act, 1961, the Plantation Labor Act, 1951, the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and the Motor Transport Workers Act61, 1961.
The notification states that female employees should take their menstrual leave in the month in question, and the leave from the previous month cannot be extended (carried over) to the next month. The notification also states that female employees do not need to submit any medical certificate every month to avail this leave.
Published – 09 Dec 2025 11:41 IST
