Division Bench Finds Zonal Officer's Order Violates Census Act, Grants Interim Relief
In a significant development, the Allahabad High Court has stayed the order requisitioning employees of the Life Insurance Corporation (LIC) for census duties outside their premises. The Division Bench, comprising Justices Salil Kumar Rai and Swarupama Chaturvedi, found the order passed by the Zonal Officer, Zone-1, Nagar Nigam, Kanpur, to be prima facie beyond jurisdiction and in violation of Section 7(c) of the Census Act, 1948.
The Special Appeal, filed by the North Central Zone Insurance Employees Federation, challenged the order dated 5th May 2026, which called for LIC employees to assist in the upcoming Census 2027. The petitioners argued that the order was issued without jurisdiction and contrary to the statutory provisions that restrict requisitioning of employees for census duties to within the premises of their establishments.
Initially, a Single Judge had dismissed the writ petition on grounds of vagueness and the absence of a specific challenge to the order requisitioning LIC employees. However, the Division Bench, upon hearing the special appeal, emphasized that the legality of administrative orders must comply with statutory requirements, irrespective of the national importance of census operations.
The court noted that Section 7(c) of the Census Act allows for the requisitioning of staff for census duties but confines such requisitioning to activities within the premises of the concerned establishments. The Division Bench found that the order dated 5th May 2026 did not adhere to this provision and was therefore prima facie invalid.
In its order, the court highlighted the necessity of a detailed hearing and scheduled the matter for final hearing on 6th July 2026. Until then, the operation of the contested order remains stayed, providing interim relief to the employees of LIC.
The decision is seen as a reinforcement of statutory compliance in administrative actions, particularly in matters of national significance such as the census. Legal experts suggest that the case underscores the judiciary's role in upholding the rule of law and ensuring that statutory mandates are not overlooked in administrative processes.
Bottom line:-
Employees of Life Insurance Corporation cannot be requisitioned for census duties outside their premises under Section 7(c) of the Census Act, 1948.
Statutory provision(s): Census Act, 1948 Section 7(c)
