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2022 (2) TMI 1420 - HC - Indian LawsValidity of Rule 35 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules 2018 - ultra vires to Articles 13, 19(1)(a), 19(1)(g) or not - language of the Name Board - HELD THAT:- There is a definite public purpose that is sought to be achieved by Rule 35 if read correctly. What the Petition wholly fails to recognise is that this requirement is not meant to benefit retail traders but is meant for the convenience and benefit of workers and the public who approaches these retail outlets. These are persons who, in the estimation of the State Government and as a matter of policy, are more likely to be familiar with Marathi as written in the Devanagari script. There are texts that are in Marathi and these are expressed and written in Devanagari. Indeed, and not to put too fine a point on it, even in this High Court, we permit documents to be produced in the original Marathi in Devanagari script although the language of the High Court is English. We do not insist on translations unless required by a particular Bench or Judge. It is the right of every litigant who comes to this Court to place before the Court a document in Marathi. Translations are made available on request for the convenience of the Court. To say, therefore, that there is some sort of invidious discrimination is equally wholly untrue. If any retailer wishes to carry on a trade or business in Maharashtra it must be subject to such conditions that the Government of Maharashtra seeks to impose uniformly on all. Clearly, there is no discrimination under Article 14. Rights under Article 19(1)(a) are not, as the Petition quite wrongly puts it, absolute or unfettered. There is Article 19(2) to take into consideration. Because of the wholly inappropriate and deplorable inclusion of paragraphs 12 to 14 in this Petition, this case is deemed appropriate to make an award of costs against the Petitioners, who are directed to pay an amount of Rs. 25,000/- into the Chief Minister's Relief Fund within one week from today - petition dismissed.
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