STATE OF HARYANA Vs. FARIDABAD INDUSTRIES ASSOCIATION

JUDGEMENT

(1.) The constitutional validity of Haryana State Employment of Local Candidates Act, 2020 ('the Act') has been challenged by the Respondent - Faridabad Industries Association and others before the Punjab and Haryana High Court. On 3/2/2022, the High Court stayed the implementation of the Act. Aggrieved by the said Order, State of Haryana is before us by filing this special leave petition.

(2.) The learned Solicitor General of India appearing for the State of Haryana, submitted that the impugned order staying the legislation is contrary to the law laid down by this Court. He relied upon several judgments of this Court in which it has been held that there is a presumption of legality in favour of the legislation and it is ordinarily not stayed unless the legislation is prima facie unconstitutional or manifestly illegal. He further submitted that no reasons have been given by the High Court while staying the impugned legislation.

(3.) Mr. Dushyant Dave, learned senior counsel appearing for respondent no.1, took us through the order passed by the High Court to argue that impugned order cannot be said to be vitiated due to non application of mind. The High Court was prima facie satisfied that the legislation is unconstitutional for which reason the interim order was passed. He stated that over 48,000 companies which are registered in the State of Haryana, would face immense hardship as they cannot employ anybody from outside the State from the date of commencement of the Act. He submitted that, if this Court feels that reasons have to be given by the High Court, the order passed by the High Court should be continued and the High Court may be requested to decide the matter finally.