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Case Law Details

Case Name : Faridabad Industries Association Vs State of Haryana (Punjab & Haryana High Court)
Appeal Number : CM-936-CWP-2022 in/and CWP-24967-2021
Date of Judgement/Order : 03/02/2022
Related Assessment Year :

Faridabad Industries Association Vs State of Haryana (Punjab & Haryana High Court)

In this batch of writ petitions written statements have only been filed in CWP Nos.24967, 25037 and 25539 of 2021 by the State of Haryana. Four weeks time is granted to the respondents to file written statements in the other connected matters. The petitioners may file replications, if any, within a period of three weeks thereafter.

Admitted. It is, however, directed that these writ petitions be listed for regular hearing high up in the list on 18.04.2022.

Learned counsel for the petitioners pray for interim relief.

On the question of stay the learned Solicitor General of India has candidly conceded that the writ petitions involve substantial questions but has vehemently opposed the prayer for interim relief. He has pointed out three factors which as per him would have a material bearing.

The first argument of the learned Solicitor General of India is that there is always a presumption of constitutionality of a statutory provision and though the writ Court has ample jurisdiction to ultimately hold that a statutory provision is unconstitutional yet interim orders should not be granted. His second argument is that there is an insinuation that this law would affect even existing employees which is incorrect. The law is prospective and it saves all the existing staff. The third argument is that about 38,000 registered domicile workers and about 900 establishments have registered under this Act and this itself shows that it is only a handful of people who are opposed to the implementation of the Act.

We have considered these arguments but the core issue is whether any State can restrict employment (even in the private Sector) on the basis of domicile.

In these circumstances, we are constrained to stay the implementation of the Act. Ordered accordingly.

A photocopy of this order be placed on the files of connected cases.

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May 2024