'Dispute In Realm Of Trade Union Recognition/Labour Matter': Calcutta High Court's Prima Facie View In Plea Alleging Outsiders' Entry Inside Alipore Zoo

The Calcutta High Court on Wednesday observed that it is of the prima facie view that the case pertaining to the alleged entry of outsiders into the Kolkata Alipore Zoo premises is a dispute pertaining to Trade Union recognition and is thus a labour matter. 

The Court was adjudicating upon a plea moved by BJP leader Rakesh Kumar Singh alleging that on January 24 about 600-700 persons had forcefully entered the Zoo premises even though the premises were not open to the public due to the ongoing Covid-19 pandemic.

On the previous date of hearing, Justice Rajasekhar Mantha had directed the police authorities and the Zoo authorities to submit detailed reports in this regard pursuant to the examination of the relevant CCTV footage. On Wednesday, the Court took on record the reports filed by the Zoo administration and the police authorities and further ordered for the reports to be circulated to the petitioner.

During the hearing, the Director of the Zoo apprised the Court that currently there is peace inside the Zoo premises and that the zoo is functioning normally. He further submitted that there are no unauthorised persons inside the Zoo premises anymore. However, the Court was informed that there is still some pandemonium being created by outsiders near the employees' trade union office which is situated outside the Zoo premises. 

Furthermore, the petitioner informed the Court that unrest still continues as contractual employees of the zoo are constantly being intimidated. The Court was further apprised that 7 contractual employees were prevented from joining duty unless they signed on certain documents. 

Accordingly, the Court recorded in its order on Wednesday, 

"This Court is of the prima facie view as on date that the dispute now concerns recognition of a Trade Union and hence labour matter."

 However, the Court granted liberty to the petitioner to file the affidavit-in-opposition to the reports submitted by the Zoo and police authorities before the next date of hearing which is slated to take place on February 8.

It may be noted that on the previous date of hearing, the Court had noted that there are about 80 permanent employees and about 130 temporary employees in the Alipore Zoo. It was further noted that there is only one Trade Union having 74 members called "Kolkata Zoological Garden Employees Association". "The majority members are affiliated to one political party as confirmed by the Zoo Authorities. Counsel for the State disputes the same", the Court had recorded in its order further.

Case Title: Rakesh Kumar Singh v. Director, Alipore Zoological Garden & Ors

Click Here To Read/Download Order