Allahabad High Court Stays 'Kanpur Nagar Nigam' Order Requisitioning LIC Employees For Census Duty
The Allahabad High Court on Monday stayed a May 2026 order of the Kanpur Nagar Nigam by which the employees of the Life Insurance Corporation (LIC) were requisitioned for census duty.
Differing from the Single Judge's view, the division bench noted that while the State Government may call upon corporate staff to assist in census operations, such requisition "can only be for the purpose of census operations within the premises of such establishment and not outside the premises," as per Section 7(c) of the Census Act, 1948.
A bench of Justice Salil Kumar Rai and Justice Swarupama Chaturvedi found the impugned directive prima facie bad in Law. It also rejected the stance of the state and the Union government that census operations are of national importance and hence no interim order be passed on the plea.
"The claim of the counsel representing the State Government as well as the Union of India that as the census operations are of national importance, therefore, no interim order be passed is not acceptable. The legality of an order of any State authority is not dependent merely on the purpose of the order but also on whether the order complies with the statutory requirements. We have already noted that, we prima facie find the order bad in law", the Court observed.
The Bench was essentially dealing with a special appeal filed by the North Central Zone Insurance Employees Federation challenging a single judge's order upholding the validity of the Kanpur Nagar Nigam's impugned order.
The division bench noted the order in question could not have been passed by the Zonal Manager, Kanpur Nagar Nigam, as it had no jurisdiction to requisition employees of the LIC under Section 4 of the Census Act, 1948.
For context, in the earlier order, the single judge had conjointly read Section 4, 4-A, 6(1)(e), 7(c) of the Census Act, 1948, as well as Rule 3 of the Census Rules, 1990, to conclude that the staff of any establishment, including commercial entities such as the LIC, could be requisitioned for census duties.
More details of the Single Judge order here : LIC Employees Can Be Engaged As Enumerators & Supervisors For Census Duties: Allahabad High Court
Furthermore, the single judge had dismissed the writ petition on the ground that only a 'vague prayer' seeking quashing of the decision to engage the employees of the LIC could not be entertained.
It was also observed that a writ of mandamus cannot be granted without a specific prayer challenging the necessary orders, and in light of the reasons given in the order.
The division bench said that these aspects shall be considered at the stage of the final hearing. It, however, noted that a prayer was made in the petition to call for the records and to quash the decision of the Zonal Officer, Nagar Nigam.
"The prayer in a writ petition is to be considered in light of the petition's contents", the bench noted.
Thus, posting the matter for final hearing on 6th July, before the appropriate Bench, the Bench stayed the operation of the impugned order till that day.
Case title - North Central Zone Insurance Employees Federation vs Union Of India And 5 Others