Shivani Gadhavi
Published On: February 03, 2022 at 16:10 IST
The Punjab and Haryana High Court on February 3, 2022 put an Interim Stay on the Haryana State Government’s Law that provides 75% Reservation to Domicile of the State of Haryana in jobs relating to private sector.
The High Court Division Bench of Justices Ajay Tewari and Pankaj Jain were hearing a Writ Petition that challenged the provisions of Haryana State Employment Local Candidates Act, 2020. The Writ Petition was filed by Faridabad Industries Association (FIA).
The impugned Law vis-a-vis the Haryana State Employment Local Candidates Act, 2020 was notified by the Government in November, 2021. The Act provides for 75% Reservation for jobs that give a salary of less than INR 30,000 per month. The Act is applicable to any business that gives employment to ten or more people, while not being applicable to public sector jobs.
The Petition challenged the Act stating that the Act is violation of Article 14, 15 and 19 of the Constitution of India. The Petition also sought a hold on the Act, till the High Court Bench comes at final Decision regarding the Case.
The Petition read that “The Act purports to effectively provide for Reservation in private employment and represents an unprecedented intrusion by the Government into the Fundamental Rights of private employers to carry out their business and trade, as provided under Article 19 and the restrictions being places upon such a Right are not reasonable but are arbitrary, capricious, excessive and uncalled for.”
The Punjab and Haryana High Court Division Bench in this regard allowed the Plea of the Petitioners and put an Interim Stay on the Act after it heard the statements of the Solicitor General of India, Mr. Tushar Mehta.