Haryana's 75% job quota to stay for now, rules SC
The Supreme Court on Thursday set aside a recent order by the Punjab and Haryana High Court that temporarily stayed the Haryana government's private job reservation law for locals. It said the high court "did not give sufficient reasons" while passing the judgment. Haryana Chief Minister ML Khattar's government had approached the Supreme Court against the high court's decision earlier this month.
- The Supreme Court ruling comes as a big win for the BJP-led Haryana government, for which providing a private job quota to state residents has been a key promise.
- In a move seen as controversial, the state government had allowed as much as 75% job reservation to locals in private firms.
- Thereafter, several industrial associations in the state had moved court against the law.
In Thursday's order, the Supreme Court directed the high court to hear the matter fully and give a ruling in four weeks. The top court bench comprising Justices L Nageswara Rao and BR Gavai also asked the Haryana government to refrain from taking coercive action against the private sector employers for not complying with the law for the time being.
"We do not intend to deal with merits of matter as we propose to request the high court to decide expeditiously and not later than four weeks. Parties are directed not to seek adjournment and be present before court for fixing the schedule for hearing," the SC said. "Haryana is directed not to take coercive action against employers," the court added.
During the hearing, counsel Dushyant Dave, representing a Faridabad industrial association, argued the law would have "far-reaching implications." Dave said the law could lead to private-sector firms being shut due to a lack of sufficient candidates for reserved jobs. Meanwhile, Solicitor General of India Tushar Mehta, arguing for the state, said the law would "ensure people do not have to move elsewhere (for employment)."
On February 3, the Punjab and Haryana High Court had ordered an interim stay on the private job quota law. Petitions in this regard had been filed by trade associations from Faridabad and Gurugram. After the high court's order, the Haryana government alleged that the hearing lasted less than two minutes, adding the decision was unsustainable and against natural justice.
The law in question, called the Haryana State Employment of Local Candidates Act, 2020, had come into effect from January 15 of this year. It is applicable to all private sector jobs that offer a salary of less than Rs. 30,000 per month. It would apply to all companies, societies, trusts, partnership firms, and other private entities, according to the state government.
