North Central Zone Insurance Employees vs Union Of India And 5 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7210 of 2026
North Central Zone Insurance Employees
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raunak Singh, Vikrant Pandey
Counsel for Respondent(s) : Krishna Deo Rai, A.S.G.I., Ashish
Mishra, C.S.C., Siddharth Singhal
Reserved on 26.05.2026.
Delivered on 29.05.2026.
A.F.R .
Court No. - 33
HON'BLE DINESH PATHAK, J.

1. Heard Sri Vikrant Pandey, learned counsel for the petitioner; Sri S.P.
Singh, learned Additional Solicitor General of India, assisted by Sri Vivek
Kumar Singh for respondent nos. 1, 2 and 3; Sri Ashish Mishra, learned
counsel for respondent nos. 4 and 5, and Sri Brijesh Kumar Srivastava,
learned Standing Counsel for State respondent no. 6.
2. The petitioner is a Union representing Class III and Class IV employees of
the Life Insurance Corporation of India (in brevity 'L.I.C.') in the North
Central Zone, having its Head Quarter at Kanpur. The grievance raised in the
present writ petition pertains to entrustment of census duties upon the
employees of the L.I.C.
3. Learned counsel for the petitioner submits that under Section 4-A of the
Census Act, 1948 (in brevity 'Act, 1948'), only employees of local
authorities can be requisitioned for performing census duties as
Enumerators/Supervisors. He further submits that the employees of the
L.I.C. do not fall within the definition of "local authorities" as defined under
Section 3(31) of the General Clauses Act, 1897; therefore, entrustment of
census duties upon them is wholly unsustainable in the eyes of law. In
support of his submissions, he has placed reliance upon the judgment dated
21.09.2010 passed by the Hon'ble High Court of Punjab & Haryana at
Chandigarh in the case of Life Insurance Corporation of India vs. Union
of India And Others, C.W.P. No.7037 of 2010 (Annexure-5), as well as the

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judgment dated 14.10.2013 passed by the learned Single Judge of the
Gujarat High Court in the case of Life Insurance Corporation Ltd. vs.
Registrar General and Census Commissioner of India; Special Civil
.
Appeal No.5335 of 2010
4. Per contra, learned Senior Counsel for the Union of India has contended
that Section 4-A of the Act, 1948 cannot be read in isolation and has to be
constructed conjointly with Section 6 (1)(e) and 7(c) of the Act, 1948, which
specifically contemplate engagement of employees of factories, firms and
establishments for census work. He has emphasized that the L.I.C. comes
within the ambit of a 'commercial establishment' and, therefore, engaged of
its staff for census operations is well within the domain of the Act, 1948. It
has further been contended that Rule 3 of the Census Rules, 1990 (in brevity
'Rules 1990') prescribes the categories of officers who may be appointed a
census officers. In the tabulation appended to Rule 3, the designation
"Enumerator" appears at Serial No.5 and the corresponding category of
persons eligible for appointment includes "teachers, clerks or any official or
any person". Thus, according to the Senior Counsel, the Rule confers wide
discretion upon the competent authority to appoint suitable persons as
Enumerators. He has further contended that the order passed by the Zonal
Officer under Section 4(4) of the Act, 1948, whereby employees of the
L.I.C. are appointed as Enumerators/Supervisors, has not been challenged in
the writ petition. In support of his submission, learned Senior Counsel has
placed reliance upon the judgement dated 04.03.2011 rendered by a Division
Bench of this court in case of Life Insurance Corporation of India And
Others vs. Municipal Commissioner/Additional Chief Census Officer,
Nagar Nigam, Kanpur And Others, Civil Misc. Writ Petition No.28736
.
of 2010
5. Having considered the rival submissions advanced by learned counsel for
the parties and upon perusal of record, it reflects that the question which
arises for consideration in the present writ petition lies in a narrow compass,
namely, whether employees of the L.I.C. can legally be engaged as
Enumerators/Supervisors for the purposes of performing the census work.
6. The subject of "Census" falls under Entry 69, of List 1 (Union List) of the
Seventh Schedule to the Constitution of India read with Article 246 thereof,
and thus Parliament has exclusive power to legislate in census matter. The
Act, 1948, as amended from time to time, the Central law, governs the entire
process relating to census operations, including appointment of census staff,
duties of citizens, penalties for non-compliance, and confidentiality of
information collected during census operations. Section 4 of the Act, 1948,

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3
provides the provision for appointment of census staff and Section 4-A of
the Act, 1948 enunciates that staff of every local authority to be made
available for taking census. The said provisions are reproduced hereinbelow
:-
" Section 4: Appointment of census staff :- (1) The Central Government
may appoint a Census Commissioner to supervise the taking of the census
throughout the area in which the census is intended to be taken, and
[Directors of Census Operations] to supervise the taking of the census
within the several States.
(2) The State Government may appoint persons as census-officers [with
such designations as that Government may deem necessary] to take, or
aid in, or supervise the taking of, the census within any specified local
area and such persons, when so appointed, shall be bound to serve
accordingly.
(3) A declaration in writing, signed by any authority authorised by the
State Government in this behalf, that any person has been duly appointed
a census-officer for any local area shall be conclusive proof of such
appointment.
(4) The State government may delegate to such authority as it thinks fit
the power of appointing census-officers conferred by sub-section (2).
Section 4-A Staff of every Local Authority to be made available for
taking census :- Every local authority in a State shall, when so directed
by a written order by the Central Government or by an authority
appointed by that Government in this behalf, make available to any
Director of Census Operations such staff as may be necessary for the
performance of any duties in connection with the taking of census. "
7. Section 4(1) authorizes the Central Government to appoint a Census
Commission and Directors of Census Operations to supervise the census
work. Section 4(2) of the Act, 1948 authorizes the State Government to
notify the appointment of persons as Census Officers with such
designation as may be deemed necessary for carrying out census
operations within any specified local area. Such persons, who are
appointed for the assigned work of census, shall be statutorily bound to
serve accordingly. Sub section 4 of Section 4 further authorizes the State
Government to delegate the power of appointing the Census Officer
conferred by sub section 2. In exercise of power under Section 4(2) of the
Act, 1948, the State Government issued Notification dated 09.01.2026
appointing officers as Census Officers with various designations, as
mentioned in the said notification, which contains a tabulation wherein
serial number, officers' name, census designation and their jurisdiction are
indicated. It appears that pursuant thereto, the Zonal Officer, in exercise
of delegated power under Section 4(4) of the Act, 1948 read with Rule 3
of the Rules, 1990, issued orders appointing the officials of the L.I.C. as
Enumerators/Supervisors .
8. For adjudication of the present controversy involved in the instant matter,

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Section 6 and Section 7 of the Act, 1948 along with Rule 3 of the Rules,
1990 are also relevant to be considered, which are reproduced hereinbelow :-
" Section 6: Discharge of duties of census officers in certain
cases :- (1) Where the District Magistrate, or such authority
as the State Government may appoint in this behalf, by a
written order so directs –
(a) every officer in command of any body of men belonging to
the naval, military or air forces, or of any vessel of war, of
India,
(b) every person (except a pilot or harbourmaster) having
charge or control of a vessel,
(c) every person in charge of a lunatic asylum, hospital,
workhouse, prison, reformatory or lock-up or of any public,
charitable, religious or educational institution,
(d) every keeper, secretary or manager of any sarai, hotel,
boarding-house, lodging-house, emigration depot or club,
(e) every manager or officer of a railway or any commercial
or industrial establishment, and
(f) every occupant of immovable property wherein at the time
of the taking of the census persons are living,
shall perform such of the duties of a census-officer
in relation to the persons who at the time of the taking of the
census are under his command or charge, or are inmates of
his house, or are present on or in such immovable property or
are employed under him as may be specified in the order.
Section 7: Power to call upon certain persons to give
assistance :- The District Magistrate, or such authority as the
State Government may appoint in this behalf for any local
area, may, by written order which shall have effect throughout
the extent of his district or of such local area, as the case may
be, call upon -
(a) all owners and occupiers of land, tenure-holders, and
farmers and assignees of land revenue, or their agents,
(b) all members of the district, municipal, panchayat and other
local authorities and officers and servants of such authorities,
and
(c) all officers and members of staff of any factory, firm or
establishment, to give such assistance as shall be specified in
the order towards the taking of a census of the persons who
are, at the time of the taking of the census, on the lands of such
owners, occupiers, tenure-holders, farmers and assignees, or
in the premises of factories, firms and other establishments, or
within the areas for which such local authorities are
established, as the case may be, and the persons to whom an
order under this section is directed shall be bound to obey it
and shall, while acting in pursuance of such order, be deemed
to be public servants within the meaning of the Indian Penal
Code.

RULE 3: Appointment of Census Officers :- The State
Governments and the Union territory Administrations in order
to aid the taking of the census within their States or Union
territories, may appoint officers from against the category
mentioned in column 2 as census officers within their
jurisdictions with such designation mentioned in column 1 of
the Table below.

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Designation

1
Officers to be appointed
2
Principal Census Officer District Collectors/ Magistrates/
Commissioners of administrative heads of
Corporations or any nominated Officer.
1.
District/Additional district/
Deputy district/Sub-
divisional
district/City/Additional City
Census, Officer.
District Collectors/ Magistrates/ Officer
assisting District Collectors/ Magistrates/
Commissioner/ District Sub-divisional
Officers or Revenue Divisional Officers.
2.
Charge Officer/ Assistant
Charge Officer/ Additional
Charge Officer and Sub-
Charge Officer.
Tehsildars/ Additional Tehsildars/
Mamlatdars/ Block Development Officer/
Chief Administrative Officer of towns/
Executive Officers and other Officers.
3.
Supervisor Officers generally of a rank higher than
enumerators or any person.
4.
Enumerator Teachers, Clerks or any official or any
person.
5.
9. Section 6 of the Act, 1948 empowers the District Magistrate (or any
authority appointed by the State Government) to issue a written order
directing specific categories of persons/officials to perform the duties of
census officers in respect of people under their command, charge, or control.
Clause (e) of Section 6 (1) targets Manager/Officers of Railways,
commercial and industrial establishment. It allows the administration to
enlist corporate and industrial sector personnel for census work (e.g.
enumerating employees, workers or people on the premise). This is crucial
for covering organized sector workforce and institutional population
efficiently. It reflects legislative intent to leverage extending administrative
hierarchy in the private sector for public duties during census operations.
Failure to comply can lead to penal consequences.
10. Furthermore, Section 7 of the Act, 1948 gives power to the District
Magistrate (or authorized authority) to issue a written order calling upon
specific categories of persons to provide assistance for the census. The order
has effect throughout the district or local area. Persons called upon are
bound to obey the order and, while acting under it, are deemed public
servant under the I.P.C. Sub section (c) of Section 7 is wide empowering
provision covering the private sector. It allows mobilization of staff from
companies for tasks like enumeration, supervision, or data collection within
their premise. It specifically provides that every officer or employee of (i) a
local authority, (ii) a factory, firm or establishment, or (iii) an institution
shall be bound to assist in census operation when required by the prescribed
authority. The term 'establishment' is not narrowly restricted in the Act, 1948

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and is ordinarily understood to include organized bodies employing persons
for official, commercial, industrial, educational, or administrative work. It
compliments Section 6 by focusing on 'assistance' rather than full discharge
of census officer duties. The Hon'ble Gujarat High Court, in the case of Life
Insurance Corporation Ltd. vs. Registrar General (supra), as relied upon by
the learned counsel for the petitioner, examined whether employees of a
statutory Corporation like L.I.C. could be compelled under Section 4, 7(b)
and 7(c) of the Act, 1948. The judgment clarifies the distinction between
appointment of Census Officers (Section 4) and calling for assistance
(Section 7). It highlighted limits on compelling staff of public
undertakings/corporations without proper delegation or procedure,
emphasizing that Section 7(c) applies to factory, firm or establishment but
requires careful application to avoid excessive burden or invalid delegation.
11. Rule 3 of Rules, 1990 authorizes the appointment of Census Officers
such Enumerators, Supervisors, Charge Officers etc. from among
Government Servants and other suitable persons for performing census
duties. It contains a tabulation wherein Column 1 denotes the designation of
census officers who are to be appointed to carry out the census work, and
Column 2 specifies the category of persons who may be appointed against
such designation. Serial no.5 of the tabulation is particularly relevant for the
purposes of deciding the instant writ petition, which talks about Enumerator.
Against the designation Enumerator, details of officers are mentioned in
Column 2 as teachers, clerks or any official or any person. Thus,
undoubtedly, any teacher, clerk or any official, or even any suitable person
can be appointed as an Enumerator. No distinction has been drawn in this
rule between the clerks or officials of local body, institution, or
establishment and others. The word "any person" employed in Column 2
against the designation "Enumerator" carries a wider connotation and cannot
be confined only to the government employees or officials of the local
authorities. In this backdrop of the legal proposition, the Authorized
Authority/Zonal Officer is competent to issued orders commanding the
persons employed with the L.I.C. to act as Enumerators/Supervisors for
census work. Needless to say that the persons engaged in the execution of
census duties are deemed to be public servants within the meaning of the
Indian Penal Code, and any slackness or neglect on their part is
punishable under the provisions of the Act, 1948, read with the Indian Penal
Code.
12. Conjoint reading of Section 4, 4-A, 6(1)(e), 7(c) of the Act, 1948 read
with Rule 3 of the Rules, 1990 leaves no room for doubt that employee of
any establishment can legally be engaged for census duties. Once appointed
or directed, they are under the statutory obligation to perform such duty,

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which is treated as a public duty under the Act, 1948. The expression 'any
official or any person' employed in Rule 3 is of wide amplitude and cannot
be restricted only to employees of local authority or government
departments. Further, Section 7(c) specifically contemplates assistance by
officers and members of staff of any factory, firm or establishment for the
purposes of census operations. Section 6 and 7, help in decentralized and
efficient census taking by utilizing local administration and private sector
resources. Non-compliance of direction issued to the persons who were
engaged in census operation attracts penalties (including under Section 11 of
the Act, 1948). These provisions were inserted/amended to strengthen the
machinery for large scale operations like decennial census. These sections
balance compulsory public duty with particular administration for a massive
exercise like the Indian census. As discussed above, the term 'establishment'
has not been narrowly defined under the Act, 1948 and, in ordinary parlance,
includes commercial establishments such as L.I.C. In the backdrop of the
statutory scheme, the order issued by the competent authority requiring staff
of L.I.C. to function as Enumerator/Supervisor cannot be said to be dehors
the provision of the Act, 1948 or the Rule, 1990. Once appointed for census
work, such persons are deemed to be public servants and are under a
statutory obligation to discharge the assigned duties. Moreover, the Hon'ble
Division Bench of this Court in the matter of Life Insurance Corporation
And Others (supra) has already upheld the engagement of employees of
L.I.C. for census work. Relevant paragraph nos. 15 and 16 of the said
judgment is reproduced herein below :-
" 15. That power, in our opinion, can be localised in Section 7 of
the Act. The officers/employees of the writ petitioners would be
covered by the expression 'establishment', as they are working in
an establishment. Once, they are found working in an
'establishment', in our opinion, the only question is as to whether
the power should be exercised by the District Magistrate or by
any authority notified by the State Government under Section 4
(2) of the Act, depending on whether the expression is 'as' or 'or'.
If the Act as downloaded from the website is taken into
consideration, the expression used is 'or' and not 'as' and thus it
is not only the District Magistrate, but other authorities can also
be appointed by the State Government for any local area, which
the State Government has done under Section 4 (2) of the Act.
Respondent no.1 is one such authority. The demand has been
made by respondent no.1 in respect of the officers/employees
working in the Kanpur Branch of the Life Insurance Corporation.
Therefore, it was well within the jurisdiction of respondent no.1,
considering that power has been conferred to call on the writ
petitioners to make available the names of their
officers/employees for the purpose of carrying on the census
operations.
16. Alternatively, even if we assume that the expression is not 'or'
and is 'as' then at the highest, the power can be exercised by the
District Magistrate, who is the Principal Census Officer insofar

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8
as the whole district is concerned. Insofar as the Nagar Nigams
are concerned, they are only a part of the district and thus the
Municipal Commissioners have been notified as Additional
Principal Census Officers. So, if in the event, respondent no.l has
no jurisdiction, then the District Magistrate in respect of the
district would have jurisdiction. As such, at the highest, it can be
said that respondent no.1 would not have been an authority to
issue a direction to the writ petitioners, as such power is vested
with the District Magistrate. However, considering that in
various other writ petitions, interim orders were passed directing
the petitioners, like the writ petitioners, to make available not
more than 25% of their officers/employees and as the census
operations are going on, no useful purpose would be served by
quashing the orders dated 05.04.2010 and 17.04.2010 and the
subsequent orders. In fact, in the order dated 05.04.2010, a
reference has been made to the Notification dated January 18,
2010. Thus, in any view of the matter, no relief can be granted as
sought for. However, at the same time, we may note that though
respondents may call on the writ petitioners to make available the
officers/employees for the purpose of census operations, in
exercise of that power, the working of the writ petitioners
themselves should not be affected as observed in the case of State
Bank of India (supra). If there be power, it has to be exercised
with circumspection and minimum staff can be requisitioned. We,
therefore, direct the respondents that if and when a notification is
required to be issued under Section 7 of the Act, then from the
Institutions like the writ petitioners, requisition should be, at any
rate, not more than 25% of the available staff within the area of
the jurisdiction conferred on the officers. "
13. The judgment relied upon by the learned counsel for the petitioner
rendered by the Punjab & Haryana High Court and the Gujarat High Court
do not consider the effect of Rule 3 of the Rules, 1990 and Section 6(1)(e) of
the Act, 1948. It is also relevant to note that the Government of Uttar
Pradesh has issued notification dated 04.02.2026 prescribing the schedule
for the first phase of Census of India, 2027 wherein house listening and
house census operations are to be conducted from 22.05.2026 to
20.06.2026.
14. In view of the discussions made herein above, this Court is of the
considered opinion that the Authorized Authority/Zonal Officer has not
committed any error or illegality in issuing orders in exercise of delegated
power under Section 4(4) of the Act, 1948 read with Rule 3 of the Rules,
1990, directing the employees of the L.I.C. to discharge duties as
Enumerators/Supervisors to facilitate the work of census operations. Further,
the writ petition contains only a vague prayer seeking quashing of the

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decision to engage employees of the L.I.C. for census work and no specific
challenge has been made to any particular order. The ancillary prayer
seeking issuance of a writ of mandamus restraining the respondents from
engaging employees of the L.I.C. in census operations also cannot be
granted in light of the statutory provisions discussed herein above.
15. Resultantly, instant writ petition, being misconceived and devoid of
merits, is with no order as to costs.
dismissed


May 29, 2026
VR
(Dinesh Pathak,J.)
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad