High Court Stays Haryana Govt's Law Directing 75% Reservation In Industries For Locals

Haryana Govt Jobs Quota: An interim stay on the Haryana government's law providing 75% reservation in private sector jobs for residents of the state is granted by Punjab and Haryana High Court.

Punjab and Haryana High Court (ANI photo)

New Delhi: The Punjab and Haryana High Court on Thursday has stayed the order of the Haryana law providing 75% reservation in industries to youngsters with the domicile of the state.

A bench of Justices Ajay Tewari and Pankaj Jain passed the order on a petition filed by an industries association from Faridabad and different associations from Haryana.

Earlier, the Haryana Industries Association had moved the Punjab and Haryana High Court against the decision of the state government, to inform that the notification of the law of reservation in private jobs was issued in Haryana in 2021 itself.

Haryana State Local Persons Employment Act 2020 came into force was implemented on 15 January. Its notification was issued in 2021 itself.

This law was said to stay in effect for 10 years. Startups were also told to have a relaxation of 2 years in the law. Along with this, ITI pass youth were asked to give priority in employment. 

Giving 75% reservation in private sector jobs for state domicile in the private sector was a key poll guarantee of the Jannayak Janta Party at the hour of the time of the 2019 assembly polls.

After the polls, it formed a government in alliance with the BJP after the saffron party fell short of attaining a simple majority on its own.

After the high court granted interim stay, Deputy Chief Minister and JJP leader Dushyant Chautala tweeted, "We will continue to fight for employment opportunities of Haryanvi youth #75%reservation".

We will continue to fight for employment opportunities of Haryanvi youth #75%reservation

— Dushyant Chautala (@Dchautala) February 3, 2022

The Act covers jobs that pay up to Rs 30,000 as gross monthly salary and applies to companies, societies, trusts, limited liability partnership firms, partnership firms located across the state.

Under the Act, it was said that the benefit of the scheme would be available only to the natives of Haryana. It will be monitored by officers of the level of Deputy Director of Industries and Commerce Department, the rule will not apply to brick-kilns.

Workers from Odisha and Jharkhand will work there, such workers are not available in Haryana. The workers of West Bengal will have priority in the construction sector works. They have mastered it.

Advocate Tushar Sharma, counsel for one of the petitioners, said they had challenged the vires of the Act.

"I was representing one of the petitioners-- IMT Manesar Association and Manesar Industrial Welfare Association. We were challenging vires of the Act, we were saying this Act is unconstitutional, discriminatory, and violative of fundamental rights of our members and were seeking quashing of the Act. The court admitted the petition," Sharma said over the phone.

"Seven to eight petitions had been filed challenging this Haryana Act. The Act has been kept in abeyance in a way," he said.

Haryana's Additional Advocate General Jagbir Singh Malik, said while defending the law, the state's stand was "that industries are getting various benefits including plots on concessional rates, then why should our youth not get the benefits in employment".

According to Article 19 of the Constitution, every citizen has the right to go anywhere in the country to do any kind of job, business. States cannot impose any restriction that takes away the freedom to move from one place to another, to take up any profession, and to do business.

(With PTI Inputs)