'If the matters are pending before other high courts, we can hear the larger issue after calling for the papers from high courts, you can inform us,' the bench said while posting the matter for hearing on February 14
Supreme Court. File Pic
The Supreme Court sought to know whether parties concerned are agreeable that cases pertaining to quota in the private sector on the basis of domicile be considered together. The apex court was hearing an appeal of the Haryana government challenging the Punjab and Haryana High Court order granting an interim stay on its law providing 75 per cent quota in private sector jobs for residents of the state.
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A bench comprising Justices L Nageswara Rao and BR Gavai said it has got to know that similar legislations have been passed in Andhra Pradesh and Jharkhand and they have been challenged in the high courts. The top court asked Solicitor General Tushar Mehta to check on this and gather the details. "If the matters are pending before other high courts, we can hear the larger issue after calling for the papers from high courts, you can inform us," the bench said while posting the matter for hearing on Monday. At the outset, Mehta submitted that a statute has been stayed by an unreasoned order, after a hearing for only 90 seconds. He said only a handful of people are opposed to the Act.
Senior advocate Dushyant Dave, appearing for one of the parties, said that this issue requires consideration by the apex court. Senior advocate Mukul Rohatgi said that he would ponder over the issue after consulting the clients. The high court on February 3 had granted interim stay on the Haryana government law on pleas filed by various industry associations from Faridabad and other bodies in the state including Gurgaon. The high court admitted multiple petitions against the implementation of the law -- Haryana State Employment of Local Candidates Act, 2020, the counsel of one of the petitioners had said. The Act provides 75 per cent reservation in the private sector to job seekers from the state and came into force from January 15 after being notified in November last year. It applies to jobs offering a maximum gross monthly salary or wages of Rs 30,000.
The Act is applicable to employers of private sector companies, societies, trusts, limited liability partnership firms, partnership firms, and any person who employs 10 or more persons on salary, wages, or other remuneration for manufacturing, carrying on business, or rendering any service in Haryana. Haryana Governor Bandaru Dattatreya had in March 2021 given assent to the Haryana State Employment of Local Candidates Bill, 2020.
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