Gurugram industries body to approach high court over reservation law
The Haryana State Employment of Local Candidates Act, 2020, mandates that 75% jobs in the private sector, for which the monthly salary is ₹30,000 or less, be reserved for domiciles of the state
The Gurgaon Industrial Association (GIA) said it plans to move an interim application before the Punjab and Haryana high court, challenging the constitutionality of the Haryana State Employment of Local Candidates Act, 2020, which mandates that 75% jobs in the private sector, for which the monthly salary is ₹30,000 or less, be reserved for domiciles of the state.
The GIA said it plans to move an interim application as the hearing in the matter, scheduled for Wednesday, was rescheduled to February 2 and the provisions of the Act, including the reservation, will come into effect on January 15.
Vishal Sharma, the counsel for GIA, said they will submit an application in the high court for early hearing as this was a matter that concerns thousands of industries and lakhs of jobs across the state. “The job reservation act comes into force from January 15 and this makes it even more important that our petition is heard in a timely manner. The hearing on Wednesday was postponed to February 2,” he said, adding that the re-scheduling does not affect their petition as they have challenged the constitutionality of the act itself.
In the petition filed by GIA last November, it had submitted that the act was against the provisions of the Indian Constitution and also against basic provisions of meritocracy, which was the basis for any industry or business to remain competitive.
JN Mangla, president, GIA, said, “This job reservation will make it difficult for businesses and industries to remain competitive in Haryana. There is a shortage of skilled and trained manpower locally,” he said.
The Gururgam labour department, which shall be implementing the Haryana State Employment of Local Candidates Act, 2020, said the guidelines for implementing the act were being framed and once they are released by the state government, the department shall start implementing it. “As soon as the guidelines are released, we will start implementing the reservation,” said Ajay Pal Dudi, deputy labour commissioner, Gurugram.
As per the new job reservation law, 75% jobs in factories, industries, privately managed companies, societies, trusts, limited liability partnerships, partnership firms situated on Haryana, employing 10 or more persons, have to be given to domiciles of Haryana. The reservation would be for jobs having a monthly salary of ₹30,000 or less.
The act was passed by the state assembly on March 2, 2021, and was approved by Haryana governor subsequently. On November 6, it was notified by state labour department and the government said that it will come into force on January 15, 2022.