Petition challenging Haryana’s 75% job quota withdrawn from HC

A petition challenging the Haryana law that provides 75% reservation to locals in private sector jobs was withdrawn from the Punjab and Haryana high court on Monday
The petition was withdrawn after the judges observed that government is yet to enforce the Act, so the petitioner industry is not adversely affected by the law at this stage. (Getty Images)
The petition was withdrawn after the judges observed that government is yet to enforce the Act, so the petitioner industry is not adversely affected by the law at this stage. (Getty Images)
Published on Mar 15, 2021 10:57 PM IST
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ByHT Correspondent, Chandigarh

A petition challenging the Haryana law that provides 75% reservation to locals in private sector jobs was withdrawn from the Punjab and Haryana high court on Monday.

The plea was filed by a Rohtak-based firm AK Automatics last week. Detailed order from the HC is awaited; however, counsel for the firm, Vishal Sharma said that the plea was withdrawn with a liberty to file it afresh.

It was withdrawn after the judges observed that government is yet to enforce the Act, so the petitioner industry is not adversely affected by the law at this stage, Sharma said.

The Rohtak-based firm had challenged the Haryana State Employment of Local Candidates Bill, 2020 on grounds that by introducing the policy of “son of soils,” the government wants to create reservation in the private sector.

The law which provides for 75% reservation of seats in all private sector jobs with gross salary under 50,000 per month for those born in the state or living here for five years was notified by the government earlier this month.

It was argued that the law is an attempt to introduce a domicile methodology for securing job in the private sector rather than on the basis of a prospective employee’s education skills and IQ, which will create chaos in the current industrial employment structure.

“The law is an infringement on the constitutional rights of the employers because private-sector jobs are purely based on skills and an analytical bend of mind of employees, who are citizens of India having constitutional rights on the basis of their education to opt for jobs in any part of India,” the plea said.

It was further argued that the law is unconstitutional and cannot stand the legal scrutiny as it violates the principles to meet the requirement under Articles 14, 15, 16 (2) and 16 (3), 19 (1)(g), 21 of the Constitution.

The law notified by the state government is an act of unfair competition between deserving employees and local residents claiming to have a right as an employee on the basis of local residence, it said.

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Wednesday, December 08, 2021