Yesterday, the Supreme Court directs local retailers who are contesting the mandatory Marathi signboard regulation in Mumbai. The court recommended that these retailers install the required signboards within the next two months, seizing the opportunity presented by the upcoming festive season, which typically witnesses a surge in sales.
A division bench of Justices BV Nagarathna and Ujjal Bhuyan orally said that the sum incurred for the same can be claimed as business expenses.
"Why cannot you put a board in Marathi language? Comply, comply. Karnataka also has the same (rule). Otherwise, they will put Marathi font so small, English so big. What is the fundamental right violation? Now is the time to have Marathi signboards, ahead of Diwali, Dussehra. You are in Maharashtra, you do not know the benefit of having Marathi signboards? New signboard can be made part of your business expenditure. If we send you to the (Bombay) High Court, you will be imposed heavy costs", Justice Nagarathna said.
'' There can now be employment opportunities for those making the new boards'', Justice Bhuyan said.
In the said matter, the Court grants two months' time to install the Marathi signboards.
Earlier this month, the Supreme Court had counselled the petitioner-retailers' association in Mumbai to consider investing in a straightforward signboard rather than allocating funds towards legal expenses.
The Supreme Court is currently considering two petitions filed by the association.
The primary petition comes from the Federation of Retail Traders Welfare Association, challenging a ruling by the Bombay High Court dated February 23. In this judgment, the High Court upheld an amendment to Rule 35 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, which made it mandatory to display a "name board in Marathi."
The other petition before the Court, also by the same association, challenges the vires of the rule in question, in which notice was issued in January this year.
The pleas before the Supreme Court state that the government acted beyond its powers in introducing the rule for Marathi signboards. The Marathi signboard rule has no rational nexus with the object of the rules and has led to huge financial burdens on shopkeepers, the Court was told.
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