- (1.) The main point that is involved in this writ petition is whether Dr. Graham's Homes at Kalimpong is a trade or a business or an industry within the meaning of Trade Unions Act (Act No. XVI) of 1926. so as tq entitle the employees therein to form a trade union. (For the sake of brevity, the Dr. Graham's Homes, Kalimpong is hereinafter mentioned as the said "Homes").
(2.) The petitioner herein seeks to get the registration of the trade union, known as Dr. Graham's Homes Labour Union, the Respondent No. 6 herein, cancelled by the Registrar of Trade Union. West Bengal who had purported to grant such registration in favour of the said union. (For the sake of brevity, the said labour union is hereinafter called as the said "union").
(3.) The respondent union has sent a charter of demands and has threatened to go on strike in case of failure to comply with the said demands and has thereby sought tq raise an industrial dispute. The petitioner's contention is that the Respondents 6 and 7, being the said union and its President are not entitled to form a trade union under the Trade Unions Act and cannot carry on any trade union activities within the Dr. Graham's Homes, which is an educational institution, mainly dependent on charities and donations raised both in this country and from abroad.;