In a significant development from Kochi, the Kerala State Road Transport Corporation (KSRTC) has informed the Kerala High Court that implementing a policy granting two days of paid menstrual leave to women conductors would be financially and administratively unsustainable for the state-run transport corporation.
Financial Burden and Operational Challenges Cited
In a detailed counter affidavit filed by the corporation's law officer, KSRTC stated that it is already struggling to meet existing salary and pension liabilities. The affidavit claimed that introducing such an additional paid benefit could potentially accelerate the corporation's journey toward insolvency.
Response to Petition Seeking Menstrual Leave
The affidavit was filed in response to a petition submitted by S S Asha and others seeking a judicial direction to KSRTC to consider their representation for granting two days of paid menstrual leave to women conductors. The petitioners had pointed out that the neighboring state of Karnataka has already implemented a similar policy for women conductors in its transport system.
Substantial Workforce Impact Projected
The corporation revealed that it currently employs a total of 2,846 women employees, with 1,842 of them serving as conductors. If two days of paid menstrual leave were to be implemented, KSRTC would need to account for approximately 5,700 paid leave days annually.
The resultant reduction in available manpower would inevitably cause significant operational and administrative difficulties, compelling the corporation to make alternative staffing arrangements or engage additional workforce. This would lead to substantial and recurring financial implications that the already struggling corporation claims it cannot bear.
Policy Decision Beyond Judicial Mandate
KSRTC further contended that granting two days of paid menstrual leave represents a policy decision that squarely falls within the exclusive domain of the executive and legislative branches of government. The affidavit asserted that the relief sought by petitioners is not a judicially enforceable right, but rather a matter of state policy.
The corporation argued that courts cannot direct the government to frame specific policies of this nature, maintaining that such decisions must originate from the appropriate policy-making bodies.
Broader Implications and Concerns
Beyond financial considerations, KSRTC expressed additional concerns about implementing menstrual leave policies. The corporation argued that granting such leave could:
- Disrupt operational continuity of public transport services
- Adversely affect public interest through service interruptions
- Create administrative imbalance within the workforce
- Potentially lead to further litigation from other employee groups seeking parity in benefits
The case highlights the ongoing tension between progressive workplace policies and the practical financial and operational constraints faced by public sector corporations. While menstrual leave has gained attention as a workplace equity issue, KSRTC's response underscores the complex implementation challenges, particularly for organizations already facing financial strain.
