LAWS(CAL)-1974-6-22

RAMAKRISHNA MISSION Vs. STATE OF WEST BENGAL

Decided On June 11, 1974
Ramakrishna Mission Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) In this Rule, the petitioner has challenged the order of the Registrar of Trade Unions registering the opposite party No. 4 as a Trade Union under the Trade Union's Act, 1926. The petitioner's case is that the petitioner Ramakrisha Mission is a society registered under the Societies Registration Act, the object being to carry on religious, social and educational activities for the welfare of the public as part of the spiritual discipline. The memorandum of association of the society provides rules and regulations for the said purpose. The Ramakrishna Mission at Narendrapur is a religious institution being a branch of Ramakrishna Mission and has under its overall control the following educational institutions: (1) A Degree College (2) A Multipurpose Higher Secondary School. (3) A Junior Technical School. (4) An Institute of Social Education and Recreation. (5) A Senior Basic School. (6) A Students Home. (7) A Gram Sevak Training Centre. (8) A School of Shorthand and Typewriting. (9) A Central Library for the benefit of the resident students, teachers and workers. (10) A Blind Boys' Academy.

(2.) IT is alleged that all these institutions are run by benevolent contributions of general public and with official and semi -official grants. It is also said in the petition that the Ashram has also a dairy farm, a poultry farm and an agricultural farm for the training of the students of the Multipurpose Higher Secondary School studying Agriculture as their main subject and for the trainees at the Gramsevak Training Centre. It is alleged that the produce of the aforesaid farms are used for the consumption of the students, teachers and employees numbering about 2000 and it is specifically asserted that the produce is never used for any, commercial purpose.

(3.) AFFIDAVIT has been filed by the respondent stating, inter alia, that the sole objective and main purpose of the dairy farm, poultry farm is trading and business and the produce of the poultry farm are sold for commercial purpose.