STATE OF ORISSA Vs. NANDANKANAN WORKERS UNION

JUDGEMENT

(1.) THE State of Orissa and its officers in the Forest (Wild Life) Department are the writ petitioners assailing the order of the Registrar of the Trade Unions, Orissa (Annexure -5) rejecting their prayer for revoking and/or cancelling the registration granted in favour of the opposite party No.1 under the Trade Unions Act.

(2.) THE brief facts of the case is that Nandan Kanan Zoological Park formerly known as State Biological Park came into existence in the year 1960 with an object of imparting education and research in the matter of plant and animal life in open environment, conservation, education and research on wild life. The entire manpower required for up -keep and maintenance of animals are civil servants under the State of Orissa and their service conditions are regulated under Orissa Service Code except some casual labourers. This being basically an institution established for advanced studies on plant and animal life, its employees cannot acquire the status of workmen as defined under the Industrial Disputes Act or Trade Unions Act. However, the registration certificate was illegally issued to Nandan Kanan Workers Union under the provision of Trade Unions Act at the instance of one J. Routray and A. K. Nayak, who identified themselves as the President and Joint Secretary of the Trade Union. No enquiry was made nor the Authorities of the Nandan Kanan Zoological Park were issued notice nor intimated to appear in such proceedings. The writ petitioners moved High Court in O.J.C. 735 of 1991 for quashing of the registration certificate granted to the Nandan Kanan Workers Union dated 8.7.81 on the ground that the Zoo is not an industry and is not carrying on any industrial activity and as such its employees are not workmen to come under the Trade Unions Act. The workers union also filed O.J.C. No.1627 of 1990 assailing the order of the Government dated 6.12.89 directing that the Nandan Kanan Workers Union not having been recognized by the Government, the employees of the Zoo, if they were not Government employees, can only join the said union. The Court observed that the decision on the question as to whether the employees serving in the Zoo are entitled to be the members of the Union would depend upon entitlement to the registration certificate by the unions under the Trade Unions Act. However, the Court having found that the State Government have filed an application before the Registrar, Trade Union for cancellation of the certificate granted to the Nandan Kanan Workers Union, observed that the matters should be considered by the original authority and accordingly disposed of both the writ petitions as withdrawn.

(3.) MR . R. N. Acharya, learned Additional Government Advocate, submits that the Nandan Kanan Zoological Park (hereinafter called as 'Nandan Kanan) is not an industry or a commercial organization as claimed by the opposite party No.1 and so held by the Registrar of Trade Unions. It is a conservation center and conservation, education, research, scientific study and training are the main objectives and functions of Nandan Kanan as contemplated in the master plan of Nandan Kanan approved by Central Zoo and Government of Orissa. The management of the sanctuary or the national park is not a commercial/industrial activity but is meant for conservation of wildlife. There is provision in the Wild Life Protection Act for granting entry permit to enter or reside in sanctuary subject to such conditions and on payment of such entry fees, as may be prescribed. Thus, such entry fee for Nandan Kanan is to be perceived. It is necessary to regulate and manage the visitors inflow through different operational arrangements. The nominal entry charge to the visitors was one of the operational arrangements required for regulating and managing visitors inflow. Visitors visiting Nandan Kanan expose them of public understanding of wild animals and their welfare and the issues involved in wildlife conservation. Such education/awareness is the integral part of function of Nandan Kanan. The expenditures of maintaining Nandan Kanan are mostly incurred by the Government. It is further submitted that the Zoo is working as per the provisions laid down in the Wildlife (Protection) Act, 1972 and is recognized by Central Zoo Authority. The Government of India, realizing that the Zoo is not an institution for providing entertainments and recreation, but an institution which provides scientific management of wild animals has evolved a National Zoo Policy in the year 1998. Para 3.10.2 of the National Zoo Policy, 1998 provides that the Zoo shall not provide any infrastructure for recreation/entertaining of visitors that is inconsistent with the stated objective of Zoos. A true copy of the National Zoo Policy has been filed as Annexure -III. Sri Acharya submits that the main objectives of the Zoo is to complement and strengthen the national efforts in conservation of the rich biodiversity of the country, particularly the wild fauna. The objective proposed can be achieved through the following protocol : "A. Supporting the conservation of endangered species by giving species, which have no chance of survival in wild, a last chance of survival through coordinated breeding under ex -situ conditions and rise stocks for rehabilitating them in wild as and when it is appropriate and desirable; B. To inspire amongst Zoo visitors empathy for wild animals, an understanding and awareness about the need for conservation of natural resources and for maintaining the ecological balance; C. Providing opportunities for scientific studies useful for conservation in general and creation of date base for sharing between the agencies involved in in -situ and ex -situ conservation. D. Besides the aforesaid objectives, the Zoos shall continue to function as rescue centers for orphaned wild animals, subject to the availability of appropriate housing and upkeep infrastructure. Where appropriate housing and upkeep is not available, State Government and the Central Government would ascertain setting up rescue facilities in off -the -display areas of the Zoo, subject to the availability of land."