Rule for compulsory Marathi signboards in Mumbai: Supreme Court orders no coercive action against retailers

The Supreme Court on Friday ordered that no coercive action be taken against members of a retailers' association in Mumbai in connection with the enforcement of a rule mandating shop signboards in Marathi. [Federation of Retail Traders Welfare Association & Anr v. State of Maharashtra & Ors].A Bench of Justices KM Joseph and Hrishikesh Roy directed the petitioners to furnish a list of its members who would be covered by the interim protection. Senior Advocate Gopal Sankaranarayanan, appearing for the petitioners, informed the Court that they would do so within a week. The parties were given time to file their counter-affidavits in the case. .The issue stems from the Maharashtra government amending Rule 35 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules to mandate signboards in Marathi (written in Devanagiri script) for every shop.The Supreme Court in July had issued notice to the Maharashtra government on the present plea that challenges this government decision..The petition filed by the Federation of Retail Traders Welfare Association has challenged a February 23 decision of the Bombay High Court that had upheld the State government's decision to mandate Marathi signboards.The petitioners had contended before the High Court that the Rules violated Part III of the Constitution, as it curtailed the freedom of expression by making it mandatory for every establishment of more than 10 employees to have a signboard in Marathi.The submission was that the State cannot dictate to its citizens as to what language a signboard must display.The High Court Bench of Justices Gautam Patel and Madhav Jamdar had, however, upheld the Rule, emphasising in its decision that using other languages on display boards was not prohibited, and that the rule merely required the name to also be shown in Marathi.Justice Jamdar had clarified that the Rule was for the convenience of the public at large in Maharashtra, whose mother tongue is Marathi..The plea before the Supreme Court, filed through Advocate Mohini Priya, states that the government went beyond the limits of its delegated legislative powers in introducing such a restriction.While the Maharashtra Shops and Establishments Rules is a beneficial legislation that provides for regulation of work and service conditions, the Marathi rule has no rational nexus with it and has led to huge financial burdens on shopkeepers, it has been contended.It has been submitted that the High Court order has led to the petitioners being made "a victim of the abuse of process of law committed by the respondents."Pertinently, the plea has claimed that the High Court ruling ignores the cosmopolitan nature of the city of Mumbai, and allows the fundamental rights of citizens engaged in private business to be 'usurped under the garb of public purpose and the ease of doing business'..Another plea by the same petitioner, tagged with this petition, has also been filed challenging the vires of the rules/amendments concerned. Both the pleas will be heard next on November 18. Advocates Mohini Priya, Jahnvi Dubey, and Gayatri Virmani also appeared for the petitioners. Advocates Sudarsh Menon, Samarendra Beura, and Rajesh Rathore appeared for the respondents. [Read order]