Thread by @barandbench

#SupremeCourt to hear Haryana Government's challenge to the Punjab and Haryana High Court order which stayed the Haryana State Employment of Local Candidates Act, 2020 which grants 75 percent reservation to Haryana domiciles in private sector jobs @mlkhattar #domicile

SG Mehta: What we could gather is that there are 4 states which has such a legislation

SG: This is for class 3 and class 4. domicile is approved by the court. There is no employment. 70 percent of these two courses could be reserved for them.

SC: Do you want us to transfer all the pending cases back here. Should we decide or decide on the stay and send to HC?

SG: I will move for transfer and meanwhile this order can be stayed

SC: We have to listen to the other side too then isn't it?

SG: It is a way to regulate migrants from settling into other states

SC: but it's about livelihood, we are concerned about it. We are not in merits.

SG: There cannot be stay without getting into merits

SC: If you say it's not a reasoned order by the HC , we can send it back for a reasoned order.

Sr Adv Dushyant Dave: We too can move a transfer application

Dave: 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. I am appearing for associations.

SC: But how is your plea maintainable?

Dave: you have held that association can if it raises a public issues

Justice Narasimha: every state has its own legislation. We are not on merits. What we are on is how high court immediately delivered am interim order.

SC: We can ask the HC to decide in a week

SG: the way it happened, it should have never happened. Section 5 also has the option for exemption.

Dave: 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.

Sr Adv Shyam Divan: It will have profound impact on business and the massive impact it will have on the business. The division bench considered it correctly. Let this be treated as ad interim order.

Divan: Let them file a reply and let this ad interim order continue. Assuming there is no stay to be granted, they ought not to take any coercive steps. This is the minimum step to be followed.

Divan: We don't want penalties, offences and prosecution. This has profound constitutional implications on our federation.

Judges concur among themselves. #SupremeCourt

SG: I have nothing more to add. There is a penalty provison for employers and it's only after hearing the employee

(Important) SC : We will set aside the order, order no coercive steps and let the High Court decide in one month. We are protecting you (association)

SC: We know several thousands are working and we are protecting them

SG: Yes only for the fresh appointments.

SC: SG says order by HC is contrary to law laid down by this court. He submits presumption is in favour of legality and is not ordinarily stayed unless it is unconstitutional prima facie or arbitrary. He further says HC order was unreasoned.

SC: Mr Dave says application of mind was there by the HC and HC was prima facie satisfied that law was unconstitutional and 48,000 companies will not be able to employ from outside state. He sought for no stay and let HC decide finally.

SC: Mr Divan appearing for Manesar Employees Association adopted the arguments of Mr Dave. In case this court is setting aside the order, the order be treated as ad interim order and let HC decide finally with no coercive steps direction

SC: We do not want to enter merits of the matter. We request to decide the matter within 4 weeks. Parties to not seek adjournment before the court.

BREAKING:

SC: State of Haryana is directed to not take any coercive steps against employers. The order passed by HC is set aside as the HC as not given sufficient reasons for staying the legislation.

@mlkhattar
#SupremeCourt

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

report by @DebayonRoy

#SupremeCourt #supremecourtofindia #Haryana

Read story: bityl.co/Ay66