CHANDIGARH: Haryana’s controversial new law to reserve 75% of jobs in the private sector for local candidates has implications for the entire country. Punjab And Haryana The High Court on Monday rejected the Centre’s argument that “the Act affects only the state”.
“We find this extremely strange,” a division bench of justices said. Ajay Tiwari and justice Pankaj Jain Said about the Centre’s decision not to take any stand on the questions being raised. “There is no doubt that the Act affects people who may be residents of other states. In these circumstances, to label this Act as a Federation of India, or to citizens of India who cannot be domiciled in Haryana”.
Adjourning the hearing to March 9, the bench ordered that the Union Law Secretary should appear before the court if the Center still does not file a reply.
Supreme court Last month it quashed the High Court’s stay on the job-quota law and, for the time being, barred the BJP-JJP government from taking any coercive action against private firms that did not comply with the new rules. The High Court has time till March 16 to decide on the constitutional validity of the law.
An affidavit filed by RK Srivastava, Joint Secretary (Legal Affairs) on the Act, said that “the Union of India does not wish to take any stand on this and does not wish to comment on the matter”.
Haryana State Employment Act of Local Candidates, 2020, was passed by the Assembly on March 2 last year. After the governor’s assent, the state labor department notified the law on November 6.
As per the law, 75% of jobs in all new factories and industries or those already established within Haryana would be required to provide 75% of all jobs paying less than Rs 30,000 per month to candidates residing in the state. This law applies to all private companies, societies, trusts, partnership firms and limited liability partnership units employing 10 or more people.
Several industry associations have challenged this provision, arguing that the policy focused on reserving private sector jobs for local candidates violates employers’ constitutional rights. The petitions have argued that private sector jobs require “skill and an analytical mind” and, therefore, on the basis of their constitutional right to education and work in any part of the country for all citizens of India must be open.
“We find this extremely strange,” a division bench of justices said. Ajay Tiwari and justice Pankaj Jain Said about the Centre’s decision not to take any stand on the questions being raised. “There is no doubt that the Act affects people who may be residents of other states. In these circumstances, to label this Act as a Federation of India, or to citizens of India who cannot be domiciled in Haryana”.
Adjourning the hearing to March 9, the bench ordered that the Union Law Secretary should appear before the court if the Center still does not file a reply.
Supreme court Last month it quashed the High Court’s stay on the job-quota law and, for the time being, barred the BJP-JJP government from taking any coercive action against private firms that did not comply with the new rules. The High Court has time till March 16 to decide on the constitutional validity of the law.
An affidavit filed by RK Srivastava, Joint Secretary (Legal Affairs) on the Act, said that “the Union of India does not wish to take any stand on this and does not wish to comment on the matter”.
Haryana State Employment Act of Local Candidates, 2020, was passed by the Assembly on March 2 last year. After the governor’s assent, the state labor department notified the law on November 6.
As per the law, 75% of jobs in all new factories and industries or those already established within Haryana would be required to provide 75% of all jobs paying less than Rs 30,000 per month to candidates residing in the state. This law applies to all private companies, societies, trusts, partnership firms and limited liability partnership units employing 10 or more people.
Several industry associations have challenged this provision, arguing that the policy focused on reserving private sector jobs for local candidates violates employers’ constitutional rights. The petitions have argued that private sector jobs require “skill and an analytical mind” and, therefore, on the basis of their constitutional right to education and work in any part of the country for all citizens of India must be open.