
The Supreme Court will hear on Monday Haryana government’s plea challenging the Punjab and Haryana High Court order staying its law that mandated 75 per cent reservation in the private sector for those who have domicile in the state.
On Friday, Solicitor General Tushar Mehta, appearing for the Haryana government, told Chief Justice of India N V Ramana during mentioning hours — when urgent matters are brought to the notice of the CJI — that the state had challenged the HC order and urged that it be taken up for hearing on February 7.
Mehta submitted that the HC passed Thursday’s interim order, staying the law, after hearing the state for only 90 seconds.
He added that the HC “order has not come out yet” and requested the appeal be listed “on Monday subject to placing the order on record”. The CJI agreed to the request.
The HC order came on Thursday on a plea by the Faridabad Industries Association and other associations from Haryana.
The Haryana State Employment of Local Candidates Act, 2020 — which came into force on January 15 — provides 75 per cent reservation in the private sector to job seekers who are “domiciled in State of Haryana”. The law covers private companies, societies, trusts and partnership firms, and applies to jobs that offer a maximum gross monthly salary or wages of up to Rs 30,000. Central or state governments, or any organisation owned by these governments, are outside the ambit of the Act.
The law was opposed by industry associations on the ground that it would affect their business and make them less competitive.
The Gurgaon Industrial Association, one of the petitioners in the case, had earlier contended that the “sons of the soil” law was an infringement on the constitutional rights of employers. They also argued that private sector jobs are purely based on the employees’ skills and analytical bent of mind and that citizens of India have the constitutional right to seek jobs in any part of the country.
Reservation in private sector jobs was one of the key poll promises of the Jannayak Janta Party (JJP), which is part of the BJP-led government in the state. Haryana votes in Assembly election next year.
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