The Haryana government moved the apex court against the high court order of November 17, 2023.

Solicitor General Tushar Mehta, appearing for the Haryana government, submitted that the high court verdict was devoid of reasoning.

The Punjab and Haryana High Court in its judgement had said: “We are of the considered opinion that the writ petitions are liable to be allowed and the Haryana State Employment of Local Candidates Act, 2020 is held to be unconstitutional and violative of Part III of the Constitution of India and is accordingly held ultravires and the same is ineffective from the date it came into force.”

The HC had admitted multiple petitions against the Act that came into force on January 15, 2022. The law covered jobs offering a maximum gross monthly salary or wages up to ₹30,000.

“The underlying object of the legislation, as has been succinctly put by counsel for the petitioners, is to create an artificial gap and a discrimination qua the citizens of India,” the high court had said.

“It is not for the state as such to direct the private employer who it has to employ keeping in view the principles of laissez faire that ‘the lesser it governs, the better itself’,” it had said.

“It (the state) cannot as such discriminate against individuals on account of the fact that they do not belong to a certain state and have a negative discrimination against other citizens of the country,” the HC had said.

The SC notice was also issued to the Faridabad Industries Association on the Haryana government’s appeal.

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Published: 05 Feb 2024, 05:39 PM IST