Census work: High Court gives a breather to LIC employees

The Bench comprising Justices S K Singh and Rajesh Chandra observed: “Prima facie we are satisfied with the contention of the petitioner of not falling under the ambit of local authority.” Counsel of the petitioner Prakash Padia argued that the the insurance corporation cannot be equated to a local authority as the corporation was not of the nature and character of a Municipal Committee,District Board or Body of Port Commissioners. Similarly,the insurance corporation has not been entrusted by the government with the control and management of any municipal or local fund. The activities of the insurance corporation are not confined to any local area.

Opposing the argument,counsel of the respondent (Kanpur Municipal Corporation) S K Mishra said the petitioner,Life Insurance Corporation,is a local authority within the meaning of Section 4A of Census Act and the services of the employees of the petitioners may be utilised for census purposes. Relying on a Supreme Court order in Union of India & Others Vs R C Jain and Others,AIR 1981 SC 951,whereby the apex court had explained the requisite characteristics and attributes of a local authority,the court granted interim relief to the insurance corporation and restrained the Kanpur municipal commissioner,who is the additional chief census officer,to take the services of the insurance corporation staff for census duties.

“It is clear that the Life Insurance Corporation of India is not covered within the definition of local authority and as such the services of the employees of the Corporation cannot be requisitioned under Section 4 A of the Census Act,1948,” observed the Bench,while fixing July 6 as the next date of hearing.