This story is from October 22, 2023

HC reserves verdict on plea against 75% quota in Hry’s pvt sector jobs

The Punjab and Haryana high court has reserved its verdict on the issue of Haryana's law providing 75% reservation for state domiciles in the private sector. The law, known as The Haryana State Employment of Local Candidates Act, 2020, has been questioned for its constitutional validity. The high court had previously reserved its order in March 2022 and has now reserved it again after hearing the case for six months. The law has been in abeyance since its enactment, and the Supreme Court has stated that the state government cannot take any coercive action until the high court decides on its validity.
HC reserves verdict on plea against 75% quota in Hry’s pvt sector jobs
Punjab and Haryana high court
CHANDIGARH: The Punjab and Haryana high court has finally reserved its verdict on the much-awaited issue of Haryana's law providing 75% reservation for state domiciles in the private sector.
Division bench comprising Justice G S Sandhawalia and Justice Harpreet Kaur Jeewan has reserved the verdict after hearing several industrial bodies of the state questioning the constitutional validity of the law enacted by the Haryana government.“Arguments heard. Judgement reserved,” observed the bench in its October 19 order.
This is the second time the high court has reserved its order in the case. On March 17, 2022, the high court had reserved its verdict after hearing all parties opposing and defending the legislation, which had triggered a debate about reservation in private sector. In April this year, the high court had started re-hearing the case. Now, after hearing the issue again for around six months, the judgement has been reserved.
The much-touted legislation — The Haryana State Employment of Local Candidates Act, 2020 — has been showcased as a major achievement by the Jannayak Janata Party (JJP), the coalition partner of CM Manohar Lal Khattar-led BJP government in Haryana. JJP has even called it a part of its “revolutionary changes”. The law has been in abeyance since its enactment.
Even the Supreme Court has made it clear that till any decision on the constitutional validity of the statute is not decided by the high court, the state government cannot take any coercive action against any industries for its non-implementation.
The Haryana State Employment of Local Candidates Act, 2020, was passed by the Haryana state legislative assembly on March 2, 2021, and later approved by the state governor.

On November 6, 2021, a notification was also issued by the state’s labour department regarding its applicability. The law provides that 75% jobs in new factories/industries or already established industries/institutions would be given to the domiciles of Haryana. It is applicable only on jobs having salary of less than Rs 30,000 per month in privately managed companies, societies, trusts, limited liability partnership firms, partnership firms and more situated in Haryana and employing 10 or more persons.
However, on February 3, 2022, the high court stayed the application of the law in the state. Aggrieved by this, the Haryana government had approached the apex court, which on February 17, 2022, set aside the high court order and directed it to decide the issue expeditiously.
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About the Author
Ajay Sura

Ajay Sura is Senior Assistant Editor with The Times of India Chandigarh. He covers news concerning the State of Haryana, Punjab & Haryana High Court and Defence & Military Affairs. He likes to analyse political developments and decoding judicial pronouncements. His hobbies include travelling, mountaineering and trekking.

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