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High court stays Haryana law on 75% job quota in private sector

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High court stays Haryana law on 75% job quota in private sector

The matter was dealt with by Judge Ajay Tewari and Judge Pankaj Jain and a moratorium was passed. Lawyer Tushar Sharma said a detailed sentencing was pending.

Laws against merit, such as industry

Industry bodies, including the Gurgaon Industrial Association, have filed petitions against the law.

The Haryana Local Candidate Employment Act 2020 came into effect on January 15. It offers 75% off bookings for local young people working in the private sector with monthly salary below Rs 30,000. It covers private companies, societies, trusts and partnerships.

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The law will apply for 10 years.

Industry bodies argue that the law violates the Constitution and the fundamental principles of meritocracy that underlie businesses’ growth and competitiveness. This will affect industry productivity and industry competitiveness and the recovery of the industry post-Covid 19, the plea said, adding that by introducing this ‘son of soil’ policy, the government hopes to create reservations in the private sector, which is a tort in India Constitutional rights of employees and citizens, as private sector work is based on the skills and analytical tendencies of employees.

On the other hand, the government argues that the law does only the “geographical classification” permitted by the constitution. “This is to protect the right to life/livelihood of those who live in the state and to protect their health, living conditions and employment rights,” it said.

The legislation enacted by the state was on a subject entirely within the scope of its legislation, it argued, adding that it was enacted in the context of a convincing increase in unemployment.

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“Industrialization and urbanization in the state have resulted in massive land acquisitions that have reduced growth and employment in the agricultural sector,” the government said, adding that the law does not discriminate anywhere on the basis of place of birth or residence, but it does Provide employment opportunities to local candidates based on residence.

“There is a difference between the word ‘place of birth’ and the word ‘domicile’ and both reflect two concepts. Reservations based on ‘place of birth’ are certainly affected by the provisions of the Indian constitution, but employment based on ‘domicile’ is not. Yes,” the government has submitted.

unlikely to survive judicial scrutiny

Since the private sector quota law was conceptualized by the BJP-JJP regime in Haryana, the Hindustan Times was the first to report on the legal implications of the law and why it is unlikely to withstand judicial scrutiny.

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Legal experts say the law is unconstitutional and does not stand up to judicial review. Former Haryana Attorney General Ashok Aggarwal said that residence can never be the basis for employment.

Complete News Source : Hindustan Times

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Startups that use excerpts from their own pitch are sent legal notifications by Shark Tank India; the creator responds, “Kaise banega naya India?”

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Startups that use excerpts from their own pitch are sent legal notifications by Shark Tank India; the creator responds, “Kaise banega naya India?”

After getting a legal letter from Sony Pictures for copyright infringement, the subscription-based tea business Dorje Teas found itself in deep water for utilising footage from their own pitch on YouTube and Meta advertisements.

The founders of the subscription-based tea company Dorje Teas, Ishaan Kanoria and Sparsh Agarwal.

While many entrepreneurs, especially those with startups, have found transformation through the business reality TV series Shark Tank India, the narrative is slightly different for Dorje Teas, a subscription-based tea firm that ships organic and fresh-from-the-farm Darjeeling Tea to consumers throughout India. Sony Pictures Networks India slapped the firm with a legal notice, which has placed it in hot water.

Co-founder Sparsh Agarwal of the company, who brought Dorje Teas to Shark Tank India last year and raised funds of Rs 30 lakh for 15% equity from Anupam Mittal, Peyush Bansal, and Vineeta Singh, valued the business at Rs 2 crore, recently revealed on LinkedIn that they received a legal notice from Shark Tank India for utilising snippets of their own pitch.

Agarwal claims that they received a notification about copyright infringement for utilising these clips in YouTube and Meta advertisements. It appears that Sony Pictures has sent notice to other companies besides Dorje Teas. He said, “They’ve clamped down on every single startup that showed up on Shark Tank, so we’re not the only ones.”

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“I don’t understand why they would do this, even though I am aware of the copyright rules that justify it. After all, Dorje Teas and several other businesses, like Skippi, Assembly, Perfora, Hoovu Fresh, Beyond Snack, Wakao Foods, Nasher Miles, and many more, invest thousands of dollars each month to enhance Shark Tank content, which helps the Shark Tank India brand get free exposure and increase brand memory,” he continued.

Agarwal went on to call it a poor business choice that some executive or lawyer at Sony had made, adding that it “goes against the entire ethos of promoting small startups.”

Additionally, the focus of Shark Tank Season 3 has been on creating a new India and assisting the startup environment in India. “How will we construct a ‘new India’ in this manner?’” he questioned in a self-recorded video.

On social media, Agarwal was met with praise, while some contended that Sony’s actions were legitimate in theory. “Dear Sparsh, you must realise that ‘You are the content’ in this situation. You play a big part in content production. You posted the material that features you on your social media accounts (Facebook, Instagram, YouTube, and so on), but not on Sony’s. You might say that the traffic they were supposed to get was somehow redirected to them. A content strategist made the observation, “You are monetizing your social channels with the content they produce.”

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“The first person to provide a sneak peek in the content industry attracts greater attention. Furthermore, it’s possible that you agreed to sign a waiver giving them perpetual rights to the footage they shot. They said, “Verify your contract or try to recall signing any electronic documents on the filming locations that make this clear.

“You are investing lakhs of dollars to promote Shark Tank, while Shark Tank is investing billions of dollars to plan and publicise the programme that features your brand.” Simply alter your viewpoint, as another poster pointed out.

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