JUDGMENT :

SUVRA GHOSH, J.

1. The petitioner is a Trade Union registered under the Trade Union’s Act, 1926. The contention of the petitioner is that the fourth respondent which is the CESC Limited is a big company having several departments including factory and non factory establishments. The fourth respondent, in its notice dated 01-04-2021, has declared the generating stations, garage, workshop and testing departments as factory establishments and provisions of chapter - III - A of the Trade Unions Act, 1926 is applicable to these departments only. Placing reliance upon section 2 (ka) and 25A of the Industrial Disputes Act, 1947 which define “industrial establishments”, learned counsel for the petitioner has submitted that only factory establishments fall under such definition and other establishments do not come under the definition of factory under section 2(m) of the Factories Act, 1948. The petitioner has alleged that respondent no. 2 who is the Registrar of Trade Unions issued notice to other functioning Trade Union in Form – J intimating the application filed by respondent no. 8 for recognition as a recognised Trade Union in M/s. CESC Limited. Notice of election in Form – N