Sakunjay Vyas
Published on: April 25, 2022 at 23:31 IST
The Two Judge Bench of Justice Ajay Rastogi and Justice Abhay S Oka of the Supreme Court overturned the judgment by the Division Bench of Gujarat High Court, held that AWWs and AWHs could not be said to be employees as per Section 2(e) of the 1972 Act, and the ICDS project cannot be said to be an industry and the remuneration or honorarium paid to them cannot be treated as wages within the meaning of Section 2(s) of the 1972 Act, they are disentitled to gratuity.
The Supreme Court recently ruled that since Anganwadi Centres are “Establishments” under the 1972 Act, Anganwadi workers and helpers are entitled to gratuities.
The Two Judge Bench of Justice Ajay Rastogi and Justice Abhay S Oka, decided on the appeal and gave two separate but concurring judgments each. Justice Abhay S Oka’s judgment is the main judgment, and Justice Ajay Rastogi’s judgment is the one highlighting improvements required in working conditions.
The Apex Court stated that the issue to be resolved here is whether or not the helpers and workers appointed at Anganwadi centers for the Integrated Child Development scheme are entitled to gratuity or not?
“ The issue involved in these appeals is whether Anganwadi workers and Anganwadi helpers appointed to work in Anganwadi centres set up under the Integrated Child Development Scheme (for short “ICDS”) are entitled to gratuity under the Payment of Gratuity Act, 1972 (for short “the 1972 Act”).” the Court said.
The Main Judgment of Justice Abhay S Oka stated that:
The Apex Court stated the statutory duty performed by the Anganwadi centers is an implementation of Sections 4, 5, and 6 of the National Food Security Act, 2013, which includes providing good nutrition to pregnant women, lactating mothers, and children.
That according to the resolution issued by the Gujarat Government, which directs these Anganwadi centres to conduct preprimary education activities for the children and done to give effect to Section 11 of the RTE Act.
“In view of the provisions of the 2013 Act and Section 11 of the RTE Act, Anganwadi centres also perform statutory duties. Therefore, even AWWs and AWHs perform statutory duties under the said enactments.”
“The Anganwadi centres have, thus, become an extended arm of the Government in view of the enactment of the 2013 Act and the Rules framed by the Government of Gujarat. The Anganwadi centres have been established to give effect to the obligations of the State defined under Article 47 of the Constitution. It can be safely said that the posts of AWWs and AWHs are statutory posts.“ the Court said.
The Apex Court stated that the job description of the AWWs and AWHs clearly shows that they are full-time jobs, but the remuneration and paltry benefits they receive are inadequate.
That the Central Government and State Government should take serious note of the plight of AWWs and AWHs who are expected to render such important services to society.
That since AWWs and AWHs are employed by the State Government and the Anganwadi Centers are established under law, the honorarium paid to AWWs and AWHs will also be covered by the definition of wages within the meaning of the 1972 Act.
The Apex Court further stated that the Anganwadi centers are like arms of the Government, thus shall be deemed as establishments within the meaning of Section 2(e) of the Contract Labor Act. This indicates that Angwanwadi centers fall within the phrase “establishment in the meaning of any law currently in force,” as defined in Section 3(b) of the Gratuity Act.
That the court held that these Anganwadi centres are “establishments” within the meaning of Section 3(b) of the Payment of Gratuity Act.
“Anganwadi centres and Mini Anganwadi centres are a part of the Anganwadi establishment of the State Government. The Anganwadi centres have been employing ten or more AWWs and AWHs in the State. Therefore, I have no manner of doubt that Anganwadi centres are establishments contemplated by clause (b) of subsection (3) of Section 1 of the 1972 Act.” the Court said.
The concurrent judgment of Justice Ajay Rastogi stated that:
The Apex Court stated that Anganwadi workers/helpers have to perform multiple tasks ranging from the delivery of vital services to the effective convergence of various sectoral services; therefore, the time has come for both the Central Government and State Governments to collectively consider the nature of work, the exponential growth in Anganwadi centers, and community participation.
Anganwadi workers/helpers have to perform multiple tasks ranging from the delivery of vital services to the effective convergence of various sectoral services; therefore, the time has come for both the Central Government and State Governments to collectively consider the nature of work, the exponential growth in Anganwadi centers, and community participation.
“…the existing working conditions of Anganwadi workers/helpers coupled with lack of job security which albeit results in lack of motivation to serve in disadvantaged areas with limited sensitivity towards the delivery of services to such underprivileged groups, still being the backbone of the scheme introduced by ICDS, time has come to find out modalities in providing better service conditions of the voiceless commensurate to the nature of job discharged by them.” the Court said.
As a result, the Apex Court overturned the impugned orders passed by the Division Bench of Gujarat High Court by stating that Within a period of three months from today, necessary steps shall be taken by the concerned authorities in the State of Gujarat under the 1972 Act to extend benefits of the said Act to the eligible AWWs and AWS. We direct that all eligible AWWs and AWHs shall be entitled to simple interest @ 10% per annum from the date specified under subsection 3A of Section 7 of the 1972 Act.