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Supreme Court notice to centre on Haryana's 75% job quota in private sector
2/5/2024 10:53:11 PM
Agencies
NEW DELHI, Feb 5: The Supreme Court on Monday sought a response from the Centre on a plea filed by the Haryana government against the Punjab and Haryana High Court order declaring as "unconstitutional" its law providing 75 percent reservation in private sector jobs to the residents of the state. A bench of Justices P S Narasimha and Aravind Kumar issued notice to the Union of India and the Faridabad Industries Association on the appeal filed by the Haryana government. Solicitor General Tushar Mehta, appearing for the Haryana government, submitted that the high court verdict was devoid of reasoning. The Haryana government has moved the top court against the high court order of November 17, 2023. The high court had also held the Haryana State Employment of Local Candidates Act, 2020 "ultravires" and said it will become "ineffective from the date it came into force".
In its 83-page judgement, the high court had said, "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." The high court had admitted multiple petitions against the act that came into effect from January 15, 2022 and provided 75 percent reservation in jobs in the private sector to candidates from the state. It covered jobs offering a maximum gross monthly salary or wages up to Rs 30,000.
In its order, the high court had said, "The underlying object of the legislation, as has been succinctly put by counsel for the petitioners, is to create an artificial gap and a discrimination qua the citizens of India." The high court was of the opinion that it is beyond the purview of the state to legislate on this issue and restrict private employers from recruiting from the open market for the category of employees who were receiving less than Rs 30,000 per month.
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