Haryana Law of 75% reservation in private sector jobs challenged in HC
Industrial Welfare Association Panchkula has challenged the Haryana law of 75% quota for locals in private jobs. A division bench of the Punjab and Haryana High Court will take up a hearing on the petition moved by an industrial body on March 15.
The industrial body has challenged the Law on the ground that by introducing the policy of “son of soils,” the Haryana government “wants to create a reservation in the private sector.” Petitioner says that the law is an infringement of the constitutional rights of the employers because private-sector jobs are purely based on skills and an analytical blend of mind of employees who are citizens of India having Constitutional rights on basis of their education to opt for jobs in any part of India.
The petition says that 75% of reservation for locals in private jobs is an attempt to introduce a domicile methodology for securing a job in the private sector rather than on the basis of a prospective employee’s education skills and mental IQ which will create chaos in the current industrial employment structure for the industries in Haryana state.
It has been argued by the petitioner body that reservation law is also contrary to the policy of ‘Ek Bharat Shrestha Bharat’ of the central government whereby vision is to have an integrated and mobile labour market within the country.
The petition read, adding that the legislation will also disrupt post-Covid-19 recovery of the private sector and will force some private sector units to relocate their offices to other states.
The petitioner has also argued that the law notified by the state government is an act of unfair competition between deserving employees and local residents of Haryana claiming to have a right as an employee on the basis of local residence.
It has also been submitted 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.
High court has notified that a division bench led by the Chief Justice will take the petition for hearing on March 15. the petition has impleaded the principal secretary, labour department and the Haryana labour commissioner as respondents.
Recently, the Haryana govt approves new law that will provide 75 per cent reservations to local candidates applying to private-sector jobs in the state that pay less than Rs 50,000 per month. The Haryana State Employment of Local Candidates Act, 2020 will apply to companies, societies, trusts, limited liability partnership firms, partnership firms, etc. located across the state.