High CourtsDivision Bench(2020) 11 DEL CK 0198

Delhi Labour Union Through: Its General Secretary vs Union Of India Through: The Secretary & Anr

Delhi High Court · Decided on 25 November 2020

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, CJ · Prateek Jalan, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 8196 Of 2020

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Judgment

21 paragraphs · 315 words

D.N.Patel, CJ

Proceedings in the matter have been conducted through video conferencing.

1.

This writ petition has been preferred with the following prayers:-

“i) Issue an appropriate writ, order or direction thereby directing the Respondents to grant paid leaves for four days every month to all

class of women employees including daily wage, contractual and outsourced worker; and

ii) Issue an appropriate writ, order or direction thereby directing the Respondents to pay overtime allowance to menstruating women

employees if they opt to work during the menstruation period; and

iii) Issue an appropriate writ, order or direction thereby directing the Respondents to give forty five minutes of rest period twice a day for

four days during menstruation in a month to all the women employees; and

iv) Issue an appropriate writ, order or direction thereby directing the Respondents to make provision for separate and clean toilets for

women employees and free sanitary napkins; and

v) Pass any such other or further order and/or direction, as this Hon'ble Court may deem fit and appropriate in the facts and circumstances

of the case and in the interest of justice.â€​

2.

Learned counsel for the petitioner submits that it will suffice for the disposal of the writ petition, if the same is directed to be treated as a

representation by the concerned respondent authorities.

3.

Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, we accordingly direct the concerned

respondent authorities to treat this writ petition as a representation and decide the same in accordance with law, rules, regulations and Government

policies applicable to the facts of the case as early as possible and practicable.

4.

Liberty is also reserved with the petitioner to approach the appropriate forum, in case aggrieved by the order passed by the concerned respondent

authorities.

5.

With these observations, the writ petition is disposed of.