Government of Haryana moves Apex Court against stay of 75 percent quota for locals in private sector jobs

The government of Haryana has appealed to the Supreme Court against the stay of its law providing 75% reservation in the private sector for candidates domiciled in the State.

This petition was mentioned before Chief Justice of India N.V. Ramana by the State, represented by Solicitor-General Tushar Mehta. The law officer sought an urgent listing of the appeal in the top court.

The law provides for 75% of new employment for local candidates having a salary of less than ₹30,000 a month in various privately managed companies, societies, trusts, limited liability partnership firms and partnership firms.

Earlier The government of Haryana told the Division Bench of the High Court had admitted multiple petitions against the implementation of the law — Haryana State Employment of Local Candidates Act, 2020 — and cursorily stayed the law within minutes.

“We have heard the learned solicitor general of India. We admit the petition and stay the Act,” directed a bench of justices Ajay Tewari and Pankaj Jain after hearing Tushar Mehta’s submissions on behalf of the Haryana government, during a hearing that lasted less than two minutes.

Apex court agreed to list the case on February 7, provided the Punjab and Haryana High Court’s stay order is procured by then and made part of the record.

Calling the decision unsustainable and against natural justice, the Haryana government asked the Supreme Court to set aside the stay.

The solicitor general mainly pointed out before the bench that it stayed the act after giving him just 90 seconds to argue.

The Gurgaon Industrial Association, one of the petitioners in the case, had earlier contended that the “sons of the soil” law was an infringement on the constitutional rights of employers. They also argued that private sector jobs are purely based on the employees’ skills and analytical bent of mind and that citizens of India have the constitutional right to seek jobs in any part of the country.

The law had been opposed by industry associations on the ground that it would affect their business and make them less competitive.