[Haryana domicile reservation] Centre has not entered appearance despite SG arguing earlier: Punjab & Haryana High Court

The Punjab and Haryana High Court on Tuesday expressed its displeasure at the Central government's failure to enter appearance in the case pertaining to Haryana's move to introduce 75 per cent reservation in private sector jobs to persons domiciled in the State [Faridabad Industries Association vs State of Haryana and anr]..While hearing the challenge by industry bodies to the Haryana State Employment of Local Candidates Act, 2020, the Bench of Justice Ajay Tewari and Pankaj Jain said,"We also note with regret that the Union of India has not entered appearance despite being served and despite the fact that no less than the Solicitor General of India had personally appeared in the matter as far back as 03.02.2022 and had candidly conceded that these petitions involve substantial questions of law which would have to be gone into by this Court.".Noting that it does not deem it appropriate to absolve the Centre of its responsibility to appear in the matter, the Court called for a response to the petitions by March 1, failing which the Union Law Secretary would be summoned to explain why a reply has not been filed.The Bench made it clear that it was taking this "strict step" in view of the Supreme Court's direction to decide the case by March 16..The Court also did not take kindly to the request of Haryana Additional Advocate General Jagbir Malik for three weeks' time to file a reply in the case. Noting that the legal matter in these petitions is the same as the one earlier heard by the High Court, the Bench observed,"In our opinion, the request is unreasonable considering that even if the replies had to be filed it could have well been filed in the the interregnum between the order of the Supreme Court dated 17.02.2022 and today. However, we leave it at that but the request for two weeks is excessive".The Court accordingly adjourned the matter to March 4, and asked the State to serve advance copies of its written submissions to the petitioners by March 1. .The High Court was hearing the challenge by industry bodies to a Haryana law mandating 75 per cent domicile hiring in private sectors jobs where the salary was up to ₹30,000 per month..The Supreme Court last Thursday set aside an order of the High Court staying the Act, and sent the matter back to the High Court, to be decided within a month. The Bench of Justices L Nageswara Rao and PS Narasimha also ordered the Haryana government not to take any coercive action against employers in the interim.On February 3, the High Court had admitted several petitions challenging the law, after the Faridabad Industries Association, the IMT Industrial Association and Gurgaon Industrial Association and others challenged the Act. The petition by the Gurgaon body stated that the Act was against the provisions of the Constitution and the principle of meritocracy.The Haryana government immediately moved the Supreme Court in appeal. Solicitor General Tushar Mehta said that he was given only 90 seconds by the High Court to argue the matter after which the Division Bench proceeded to admit the petition and stay the law..[Read order]