JHARKHAND SMALL INDUSTRIES ASSOCIATION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this Writ Petition, the constitutional validity of the "The Jharkhand State Employment of Local Candidates in Private Sector Act, 2021" ( for short "the Act") is challenged.

(2.) This Act applies to every such establishment in the State of Jharkhand where 10 or more workforce is employed. Every such establishment has to register itself on a portal (Sec. 3); every such employer, if there are vacancies for recruitment for the manpower having monthly salary upto Rs.40,000.00 p.m shall have to ensure that 75% recruitment is made of local candidates against total vacancies notified (Sec. 4(1)); the local candidates who wish to benefited from the Act shall have to register themselves on Rojgar Portal (www.jharniyojan.jharkhand.gov.in) (Sec. 4(iii) ). The Act also provides for hefty financial penalties in case of violations (Ss. 9 to 12).

(3.) The ostensible purpose for enacting this law is that people of Jharkhand are not getting employment opportunities within the State and so they are migrating to other States because many employers of Jharkhand employ workforce from outside the State. The Act was passed to provide job opportunities to local people locally.