The Hon’ble Karnataka High Court, in the matter of Bangalore Hotels Association (R) vs. Government of Karnataka (Writ Petition No. 36659/2025 c/w 37122/2025), has passed interim directions concerning the Government Notification dated 20th November 2025 mandating one day of paid menstrual leave per month for women employees.
Chronology of Events
- Initial Interim Stay: On 09th December 2025, the Hon’ble High Court had granted an interim stay on the implementation of the said notification while hearing the petition filed by the Bangalore Hotels Association.
- Recall of Stay on the Same Day: Subsequently, on the same day, the Advocate General of Karnataka, Mr. Shashi Kiran Shetty, mentioned the matter before the Court and sought reconsideration of the stay order.
The Court agreed and recalled its interim stay order. - Current Status: As a result, there is presently NO stay in operation, and the legal position remains sub judice (under judicial consideration).
- Next Hearing: The Hon’ble Court has deferred detailed hearing of the matter, with the next date scheduled for 20 January 2026. No further substantive orders will be passed until then.
Executive Fiat vs. Legislative Amendment: The key legal challenge, raised by the petitioners (Bangalore Hotels Association, etc.), is whether the State Government had the authority to introduce such a significant new employee benefit through an executive notification (order) instead of amending the underlying Shops and Establishments Act.
Constitutional defence: The State Government’s legal defence is that the notification is a “beneficial legislation” issued under its executive power, aligned with Article 15(3) (Special provisions for women) and Article 42 (Provision for just and humane conditions of work) of the Constitution.
While the Karnataka Government notification on paid menstrual leave is presently operative following the recall of the interim stay, its legal validity is under challenge before the Hon’ble High Court with final hearing scheduled for January 2026. In line with prevailing industry practice, we recommend that employers maintain readiness for compliance (policy drafts, HRMS configuration, payroll mapping), while deferring permanent statutory implementation until judicial clarity emerges. Voluntary adoption, if extended and aligned with organizational culture, may continue as a welfare measure. Pls take the decision in consultation with your legal team.