LIC Employees Constitute Staff of an 'Establishment' Legally Requisitionable for Census Duties Under Rule 3

The petitioner, a Union representing Class III and Class IV employees of the Life Insurance Corporation of India (LIC) in the North Central Zone, challenged the entrustment of census duties to LIC employees for the Census of India 2027.

The petitioner argued that under Section 4-A of the Census Act, 1948, only employees of "local authorities" can be requisitioned, and LIC does not fall within that definition.

The Zonal Officer, acting under delegated powers from a State Government notification dated 09.01.2026, had issued orders appointing LIC officials as Enumerators and Supervisors.

The census operations were scheduled to commence on 22.05.2026.

1. Whether employees of the LIC can legally be engaged as Enumerators/Supervisors for the purposes of performing census work under the Census Act, 1948 and Census Rules, 1990?

Section 4 of the Census Act, 1948, which governs the appointment of census staff and allows for the delegation of such powers.

Section 6(1)(e), which mandates managers or officers of commercial establishments to perform census duties, and Section 7(c), which empowers authorities to call upon staff of any "establishment" to provide assistance.

Rule 3 of the Census Rules, 1990, specifically the table at Serial No. 5, which defines "Enumerator" broadly to include "any official or any person".

Division Bench precedent in Life Insurance Corporation of India v. Municipal Commissioner, Kanpur, Writ Petition No. 28736 of 2010, which held LIC qualifies as an "establishment" under the Act.

The Court rejected the petitioner's narrow interpretation of Section 4-A, ruling that the provision must be read conjointly with Sections 6 and 7 of the Act.

It reasoned that LIC falls within the ambit of a "commercial establishment" as contemplated under Section 6(1)(e) and Section 7(c).

The Court emphasized that Rule 3 of the 1990 Rules uses the phrase "any official or any person" for the designation of Enumerator, which carries a "wider connotation" that cannot be restricted to government or local body employees.

The Court found that once the Zonal Officer exercised delegated power under Section 4(4), the employees were under a statutory obligation to serve and are deemed "public servants" under the IPC during such tenure.

The Court noted that the previous judgments from Punjab & Haryana and Gujarat High Courts cited by the petitioner were inapplicable as they failed to consider the effect of Rule 3 and Section 6(1)(e).

The Court dismissed the writ petition as misconceived and devoid of merits, affirming that LIC employees are legally bound to discharge assigned census duties.

No order was made as to costs.