Court Confirms Legal Obligation of LIC Employees to Serve as Enumerators/Supervisors Under Census Act
In a significant ruling, the Allahabad High Court has affirmed the legality of engaging Life Insurance Corporation (LIC) employees for census duties, emphasizing their statutory obligation under the Census Act, 1948. The decision, delivered by Justice Dinesh Pathak, addresses the contentious issue of whether employees from commercial establishments like LIC can be requisitioned for public service roles during census operations.
The case, titled "North Central Zone Insurance Employees v. Union of India," revolved around the petition filed by the North Central Zone Insurance Employees Union. The union challenged the directive to enlist LIC employees as Enumerators and Supervisors for census tasks, arguing that only employees of local authorities are eligible for such roles under the Census Act, 1948. However, the court dismissed this contention, highlighting the comprehensive scope of the statutory provisions.
Justice Pathak meticulously analyzed Sections 4, 4-A, 6(1)(e), and 7(c) of the Census Act, 1948, alongside Rule 3 of the Census Rules, 1990. These provisions collectively empower the administration to mobilize personnel from commercial establishments, including LIC, for census operations. The court pointed out that the term "establishment" broadly encompasses organized bodies like LIC, thereby justifying the inclusion of its employees in census activities.
The court further noted that the expression "any official or any person" in Rule 3 of the Census Rules, 1990, extends beyond government employees, allowing for the engagement of suitable individuals from various sectors. Consequently, LIC employees, when appointed for census work, are regarded as public servants under the Indian Penal Code, subject to penalties for non-compliance.
In its judgment, the Allahabad High Court also referenced previous rulings, particularly by the Division Bench of the court, which upheld similar engagements of LIC employees in census duties. The court underscored the legislative intent to leverage resources from both the public and private sectors for efficient census operations, ensuring comprehensive data collection.
The petitioners had cited judgments from the Punjab & Haryana High Court and the Gujarat High Court to support their case. However, the Allahabad High Court distinguished these precedents, emphasizing that they did not fully address the implications of Rule 3 and Section 6(1)(e) of the Census Act, 1948.
Concluding the judgment, Justice Pathak dismissed the writ petition, affirming the legal framework that mandates LIC employees to participate in census operations. The court also directed that while requisitioning employees, the functioning of LIC should not be unduly disrupted, recommending a cap of 25% on the staff engaged for census duties.
This ruling reinforces the government's authority to utilize a diverse workforce for national census operations, ensuring minimal disruption to the functioning of establishments like LIC.
Bottom Line:
Life Insurance Corporation (L.I.C.) employees can be engaged for census duties as Enumerators/Supervisors under the Census Act, 1948, and Census Rules, 1990. The definition of "establishment" in the Act includes commercial establishments like the L.I.C., and employees of such establishments are statutorily obligated to perform assigned census duties as public servants.
Statutory provision(s): Census Act, 1948 Sections 4, 4-A, 6(1)(e), 7(c); Census Rules, 1990 Rule 3
North Central Zone Insurance Employees v. Union of India, (Allahabad) : Law Finder Doc id # 2910877
