Tuesday, October 8, 2024
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Supreme Court sets aside Punjab & Haryana HC order staying Haryana law on 75% domicile reservation in private sector jobs

Senior Advocate Dushyant Dave, appearing for the Faridabad Industries Association, intervened, saying,

“Is this the way legislature can act? If this law is applicable for even a day, then there will be daily prosecutions. There are 9 lakh companies.”

Justice Narasimha replied,

“Every State has its own legislation. We are not on merits. What we are on is how High Court immediately delivered am interim order.”

Dave then explained the consequences of enforcing the legislation.

“Even a law firm in Gurgaon will be affected and cannot employ juniors from other states unless they employ 75 percent juniors from Haryana itself. Definition of employer is sweeping.”

Representing the Manesar Employees Association, Senior Advocate Shyam Divan concurred, saying,

“It will have profound impact on business…The Division Bench (of the High Court) considered it correctly. Let this be treated as ad interim order…Assuming there is no stay to be granted, they ought not to take any coercive steps.”

Source: Barandbench

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