Allahabad High Court Upholds Census Duty Assignment for LIC Employees

The Allahabad High Court has affirmed a decision to assign census enumeration and supervision duties to employees of the Life Insurance Corporation (LIC). The court dismissed a petition filed by the North Central Zone Insurance Employees, stating that the authorities did not err in directing LIC staff to perform these tasks.

“

This court is of the considered opinion that the authorised authority/zonal officer has not committed any error or illegality in issuing orders in exercise of delegated power directing the employees of the LIC to discharge duties as enumerators/supervisors to facilitate the work of census operations.

The petitioners had challenged the directive, arguing that under the Census Act of 1948, only employees of local authorities could be requisitioned for census work. They contended that LIC employees do not fit the definition of "local authorities" under the General Clauses Act, making the assignment legally unsustainable.

“

During the course of hearing, the counsel for the petitioner submitted that under section 4-A of the census Act, 1948, only employees of local authorities can be requisitioned for performing census duties as enumerators/supervisors.

However, the Union government's counsel countered that the Census Act should be read in conjunction with other sections that permit the engagement of employees from factories, firms, and establishments. They emphasized that LIC qualifies as a commercial establishment, thus its employees are eligible for census duties.

“

LIC comes within the ambit of a 'commercial establishment' and, therefore, engagement of its staff for census operations is within the domain of the Act, 1948.

The court agreed, referencing the Census Rules of 1990, which grant broad discretion to competent authorities in appointing census officers. The judgment concluded that the authorized authority was indeed empowered to order LIC employees to serve as enumerators and supervisors for the census operations.

“

In the backdrop of the legal proposition, the Authorized Authority/Zonal Officer is competent to issued orders commanding the persons employed with the LIC to act as numerators/Supervisors for census work.