Haryana’s 75% reservation law in private sector jobs struck down by HC
The court had admitted multiple petitions against the implementation of the act that provided 75 percent reservation in jobs in the private sector to candidates from the state.
The Punjab and Haryana High Court on 17 November quashed a Haryana government law that provided 75 percent reservation in private sector jobs to the residents of the state.
The High Court verdict was pronounced by Justices G S Sandhawalia and Harpreet Kaur Jeewan.
One of the counsels for the petitioners, senior advocate Akshay Bhan said the bench quashed the complete act. He added the petitioners argued that the Haryana State Employment of Local Candidates Act, 2020 violated Articles 14 and 19 of the Constitution.
"...we are of the considered opinion that the writ petitions are liable to be allowed and The Haryana State Employment of Local Candidates Act, 2020 is held to be unconstitutional and violative of Part III of the Constitution of India and is accordingly held ultravires and the same is ineffective from the date it came into force," PTI quoted the court order.
The court had admitted multiple petitions against the implementation of the act that provided 75 percent reservation in jobs in the private sector to candidates from the state. It came into effect on January 15, 2022.
It covered jobs offering a maximum gross monthly salary or wages up to ₹30,000.
Representing the Faridabad Industrial Association, advocate Bhan said several industrial associations had moved in court against the law. He contended the state did not have legislative competence under Article 35 for enacting this law.
As per details, the act applied to private sector companies, societies, trusts, limited liability partnership firms, partnership firms, and any person who employed 10 or more persons on salary, wages, or other remuneration for manufacturing, carrying on business, or rendering any service in Haryana.
Haryana Governor Bandaru Dattatreya had given his assent to the Haryana State Employment of Local Candidates Bill in March 2021.
Providing 75 percent reservation in private sector jobs for state-domiciled candidates was a key poll promise of the Jannayak Janta Party at the time of the 2019 assembly polls.
After the polls, the JJP extended support to BJP and formed a government as the saffron party fell short of attaining a simple majority on its own.
With agency inputs.
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First Published:17 Nov 2023, 06:15 PM IST
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