Supreme Court urges retailers in Mumbai to follow Marathi signboard rule instead of spending money on lawyers

The Supreme Court on Friday advised retailers challenging the compulsory Marathi signboard rule in Mumbai to invest in a simple signboard instead of spending money on the legal fees required to challenge the said rule. [Federation of Retail Traders Welfare Association & Anr vs State of Maharashtra & Ors].A bench of Justices BV Nagarathna and Ujjal Bhuyan said a Marathi person in Mumbai should be able to read such signboards, and that the petitioners should avoid portraying the issue as one of jingoism or xenophobia."What is the difficulty in putting a new board? What is the grave Constitutional question? How does it prejudice your right to do business? Put a wooden board and get it painted. You should not fight at all. You are doing business in the State. People who do not know Marathi should be able to read. Mumbai is in Maharashtra, it is the capital. It is all a matter of ego, because they want jingoism, that it is xenophobia and all ... Rather than spending money on advocates, please put a board,"Justice Nagarathna orally remarked remarked..She asked counsel for the petitioners to advise their clients in this regard..The top court was hearing two petitions.The main petition has been filed by the Federation of Retail Traders Welfare Association, challenging a February 23 decision of the Bombay High Court. In the said order, the High Court had upheld an amendment to the Rule 35 of the of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules which mandated a "name board in Marathi."The High Court had noted that the use of other languages on display boards was not prohibited by the said amendment, and that the rule was for the convenience of the local public at large..The Supreme Court had issued notice to the Maharashtra government in the matter in July, last year. In November 2022, the top court also ordered that no coercive action be taken against members of the retailers' association for not complying with the rule. The Court is also hearing another connected plea on the same issue, in which case notice was issued in January this year. .The pleas before the Supreme Court stated that the government acted beyond its powers in introducing the rule for Marathi signboards. .While the Maharashtra Shops and Establishments Rules is a beneficial legislation that provides for the regulation of work and service conditions, it was submitted. While so, the appellants have argued that the Marathi signboard rule has no rational nexus with the Rules' object and has led to huge financial burdens on shopkeepers..In today's hearing, advocate Mohini Priya appearing for the petitioners submitted that Mumbai was a cosmopolitan city and people knew multiple languages. She added that the Maharashtra Shops and Establishments Rules is meant for service conditions, and that the current rule in question has been made applicable even to shops with less than 10 workmen.Justice Nagarathna then remarked, "You can express in Hindi, English then Marathi also. It is one of the eighth schedule languages. What is the difficulty in putting a new board? It is so ugly, all colours, all boards having different sizes. Some very tall some too wide. One board is huge, one has twelve colours one has two. Advocates only have black and white, but others." Justice Bhuyan then asked how shopkeepers' business was affected by the rule. Advocate Priya said that a paucity of signboards have meant their prices have skyrocketed.The bench was initially inclined to transfer the plea regarding the vires of the Rules that enabled the State government move, to the Bombay High Court.The bench, however, eventually gave the petitioners three weeks time to file their rejoinder to the State's government's affidavit supporting the compulsory Marathi signboard rule.