Ban on 75% reservation in private jobs in Haryana: High Court stays order of Khattar government; The challenge was given by the private sector

The Punjab-Haryana High Court has restrained the Haryana government from taking action under the Act enforcing 75% reservation in private sector jobs in the state. This stay has been imposed while hearing the petition of Faridabad Industries Association. Earlier, the Haryana government had also presented its side in this matter, but the High Court was not satisfied with their arguments. Haryana government has been issued notice in the matter and their reply has been sought. The matter was engaged for hearing in the double bench of Justice Ajay Tiwari and Justice Pankaj Jain.

In fact, under the Haryana State Employment of Local Candidates Act 2020, the government of Chief Minister Manohar Lal Khattar had announced to give 75 percent reservation to youth in private sector jobs. The private sector was angry with this act. The government had notified this act in November 2020. The state government, implementing the related act from January 15, had ordered private companies to comply with it. In which the private sector companies were asked to submit the report in three months.

Advocate Ivan Singh Khosa, representing the Faridabad Industries Association, while presenting the arguments, challenged this act in the High Court. Calling it unconstitutional, a demand has been made to repeal it. It was argued in the petition that it was against the principle of merit. The government had ordered the release of services under this Act only for jobs up to a salary of up to 30 thousand rupees.

Deputy Chief Minister Dushyant Chautala has said to fight by tweeting.

Industrial Status of Haryana
There are many big and small industrial units in the state. Many equipments including cars, tractors, bikes, cycles are made in Haryana. Haryana is the largest producing state in the country. Haryana is also the largest exporter of Basmati rice in the world. Apart from Pancharanga pickles, handloom items and carpets in Panipat are also famous all over the world. They are exported on a large scale. Gurugram is the largest industrial city of Haryana. There are head offices of many private companies here.

Reservation will be applicable in jobs of less than 30 thousand salary

According to the Haryana State Employment of Local Candidates Act 2020, 75% of the jobs in the private sector will be given to the natives of Haryana only. This reservation will be applicable only in the jobs having salary less than Rs 30,000. Only 10% of the youth of the district where the company is established will get reservation in jobs. The remaining 65% reservation will be given to the youth of other districts of the state.

Reservation will be applicable for 10 years

Initially this reservation has been implemented for 10 years. According to the Act, private companies, societies, trusts and partnership firms will come under its purview. If locally trained candidates are not available, then local youth will be trained and made job worthy.

Confusion over who is domicile in Haryana

Advocate Iwan Singh Khosa, appearing for the petitioner side, submitted that there is a dilemma on the issue of domicile in Haryana as well. He had got some rules out only last month to clarify the situation on this, but nothing has been cleared. If a resident of Haryana is originally residing in another state, then does he come under the category of domicile. On the other hand, if someone comes from another state and stays in Haryana for a long time, gets the government documents made there, then will he come under the category of domicile. This is the most important issue. On this also, during the hearing of the case, the government will be asked to clarify the situation.