The Allahabad High Court has dismissed a writ petition filed by the North Central Zone Insurance Employees Association challenging the assignment of census duties to Life Insurance Corporation (LIC) employees. The court upheld the directions issued by competent authorities, stating that no error or illegality was committed in requiring LIC staff to serve as enumerators and supervisors for the census drive.
Court's Verdict
Delivering the verdict on May 29, Justice Dinesh Pathak observed that the petition contained only a vague prayer seeking quashing of the decision to engage LIC employees for census work, without specifically challenging any particular order. The court further noted that the ancillary prayer for a writ of mandamus restraining the respondents from engaging LIC employees in census operations could not be granted in light of statutory provisions. Consequently, the petition was dismissed as misconceived and devoid of merits, with no order as to costs.
Arguments Presented
During the hearing, the petitioner's counsel argued that under Section 4-A of the Census Act, 1948, only employees of local authorities could be requisitioned for census duties. They contended that LIC employees do not fall within the definition of 'local authorities' as defined under Section 3(31) of the General Clauses Act, 1897, making their entrustment unsustainable in law.
In response, the counsel for the Government of India argued that Section 4-A of the Census Act, 1948, cannot be read in isolation and must be construed conjointly with Sections 6(1)(e) and 7(c) of the same Act. These provisions specifically contemplate the engagement of employees of factories, firms, and establishments for census work. It was emphasized that LIC falls within the ambit of a 'commercial establishment', and thus, engaging its staff for census operations is within the domain of the Act.
Legal Implications
The court highlighted that persons engaged in census duties are deemed to be public servants under the Indian Penal Code. Any slackness or neglect on their part is punishable under the provisions of the Census Act, 1948, read with the Indian Penal Code. This reinforces the legal obligations of those assigned census duties, including LIC employees.
The judgment underscores that the Census Act provides a broad framework for engaging personnel from various establishments, not limited to local authorities. The dismissal of the petition reaffirms the government's authority to mobilize employees from commercial establishments like LIC for national census operations.
