The Haryana government on Friday moved the Supreme Court against the Punjab and Haryana High Court’s order staying its law providing 75% reservation in private sector jobs to local candidates.
A Bench led by Chief Justice NV Ramana agreed to hear the Manohar Lal Khattar government’s appeal on Monday after Solicitor General Tushar Mehta sought an urgent hearing, saying the HC passed the order after giving him just 90 seconds to respond.
Questioning the validity of Thursday’s interim order that suspended operation of the Haryana State Employment of Local Candidates Act, 2020, the Haryana government said that the HC order is “completely in teeth of the law laid down by the SC which unambiguously held that if a legislation which pertains to reform or change should not be stayed at an interim stage”.
On January 15, the state government had notified the Haryana State Employment of Local Candidates Act, 2020, that provides reservation for a “local candidate”, who has been defined as someone domiciled in the state. It requires every employer to employ 75% local candidates for posts where the gross monthly salary is not more than Rs 30,000 in various private companies, societies, trusts, and partnership firms, etc, and the law is applicable for 10 years.
Stating that that the HC’s order was ex facie unsustainable and liable to be set aside, the state government in its appeal stated that the stay order was in violation of the principle of natural justice as the HC did not give any opportunity to argue the case.
It added that the 2020 Act was in no way arbitrary or unjust as the law was for a limited period and required every employer to hire 75% local candidates to such posts where gross salary is less than Rs 30,000 per month.
Three industry associations from Gurgaon, Faridabad and Rewari had moved the HC, alleging that the new law went against constitutional provisions and the basic principle of merit underpinning the private sector growth. The industry body said that the law is against the basic principle of meritocracy that acted as the foundation for businesses to grow and remain competitive.