Mumbai: The Supreme Court on Friday restrained the Brihanmumbai Municipal Corporation (BMC) from taking any coercive action against the members of Federation of Retail Traders Welfare Association (FRTWA) till December 18 for failing to put up signboards in Marathi outside their shops and establishments.
The deadline for putting up the signboards in Marathi was September 30.
A division bench of Justices KM Joseph and Hrishikesh Roy, while restraining the BMC from taking any action, asked the civic body and the Maharashtra government to file its replies by the next date of hearing.
The SC was hearing a special leave petition filed by FRTWA challenging the decision of the Maharashtra government mandating all shops and establishments to display their names in Marathi (Devanagiri) script as well.
HC upheld the government decision terming it as “reasonable”
The Bombay HC, on February 23 this year, had upheld the government decision terming it as “reasonable” considering display of signboards in other languages were not prohibited. The HC had pointed out that the rule was more for the convenience of the public at large in the state, whose mother tongue is Marathi.
Senior Counsel Gopal Shankarnarayan and advocate Mohini Priya, appearing for the FRTWA, sought relief after pointing out that the BMC has started taking action against the shops and establishments which are yet to put up the sign boards in Marathi. The SC has asked the federation to file an affidavit giving out a detailed list of its members.
FRTWA has contended that it has challenged the constitutional validity of the amendment in the Act to incorporate the rule of compulsory signboard in Marathi.
The Act was enacted to improve the condition of workers who work at these establishments. However, the language of the signboards has nothing to do with the welfare of workers.
The rule was earlier for establishments with more than 10 workers
Initially, the rule was only for establishments with more than 10 workers. The government has made further amendment in the rule and included those establishments also which have less than 10 workers.
An amendment to the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, mandated that all shops and establishments shall display signboard of their names in Marathi in Devanagari script, the font of which shall be the same as that of the other script and not smaller.
The government had set May 31 deadline for the same, failing which prosecution will be initiated. The BMC had subsequently extended the deadline to September 30.
