The Punjab and Haryana High Court on Friday quashed a Haryana government’s law that mandated 75 per cent reservations for locals in private sector jobs having a gross monthly salary of less than Rs 30,000, bringing relief for industry players.
A division bench of Justice GS Sandhawalia and Justice Harpreet Kar Jeewan held the Haryana State Employment of Local Candidates Act, 2020, to be “unconstitutional”. Stating that writ petitions challenging the Act are liable to be allowed, the court also termed the Act as “violative of Part III of the Constitution of India and is accordingly held ultravires the same and is ineffective from the date it came into force.”
Industry associations, including the IMT Industrial Association, had filed petitions challenging the Act. The petitioners had argued that the Act creates an “unprecedented intrusion” by the state government into the fundamental rights of private employers to carry on their business and trade.
The Haryana State Legislative Assembly passed the Bill in November 2020. After making certain amendments, the Act was enforced on January 15 last year.It applied to all companies, societies, trusts, partnership firms, limited liability partnership firms, and any person employing ten or more persons.
The court opined, “that it is beyond the purview of the State to legislate on the issue and restrict the private employer from recruiting from the open market for the category of employees who were receiving less than ₹30,000 per month. The court order also noted that “the state cannot, as such, discriminate against the individuals on account of the fact that they do not belong to a certain State and have a negative discrimination against other citizens of the country.”
Rajeev Chawla, Chairman, IamSMEofIndia, an industry body, said, “This brings a huge relief to industry players and private employers in Haryana. We hope that the state government will take this order in the right spirit. The industry is willing to work with the state government voluntarily to upskill the youth of Haryana, but it cannot be enforced as a mandatory condition on the industry.”