By PTI
NEW DELHI: Anganwadi employees and helpers appointed to work in Anganwadi centres are entitled to gratuity underneath the Payment of Gratuity Act, 1972, the Supreme Court mentioned on Monday.
A bench of Justices Ajay Rastogi and Abhay S Oka mentioned Anganwadi centres additionally carry out statutory duties and have develop into an prolonged arm of the federal government.
“The 1972 (Payment of Gratuity) Act will apply to Anganwadi centres and in turn to AWWs(Anganwadi Workers) and AWHs (Anganwadi Helpers),” the bench mentioned.
The bench famous that the difficulty concerned in these appeals is whether or not Anganwadi employees and Anganwadi helpers appointed to work in Anganwadi centres arrange underneath the Integrated Child Development Scheme are entitled to gratuity underneath the Payment of Gratuity Act, 1972.
The appeals arose out of writ petitions filed by the District Development Officer and two different officers for taking exception to the orders handed by the Controlling Authority which mentioned that Anganwadi Workers and Anganwadi Helpers are entitled to gratuity underneath the 1972 Act.
“This finding was affirmed by a single bench of the Gujarat High Court. However, the division bench of the High Court, on appeals filed by the District Development Officer, set aside the single bench verdict and 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,” the apex courtroom famous.
The high courtroom mentioned that due to the provisions of the National Food Security Act, 2013 and Section 11 of the Right To Education Act, Anganwadi centres additionally carry out statutory duties.
“The Anganwadi centres have, thus, become an extended arm of the Government in view of the enactment of the National Food Security Act, 2013 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,” Justice Oka mentioned in a separate judgement.
The apex courtroom mentioned that Anganwadi employees (AWWs) and Anganwadi helpers (AWH) have been assigned all pervasive duties, which embody identification of the beneficiaries, cooking nutritious meals, serving wholesome meals to the beneficiaries, conducting pre-school for the youngsters of the age group of three to six years, and making frequent residence visits for varied causes.
“Implementation of very important and innovative provisions relating to children, pregnant women as well as lactating mothers under the 2013 Act has been entrusted to them. It is thus impossible to accept the contention that the job assigned to AWWs and AWHs is a part time job. The Government Resolution dated November 25, 2019, which prescribes duties of AWWs and AWHs, does not lay down that their job is a part-time job. Considering the nature of duties specified thereunder, it is fulltime employment,” the bench mentioned.
It mentioned that within the State of Gujarat, AWWs are being paid month-to-month remuneration of solely Rs 7,800 and AWHs are being paid month-to-month remuneration of solely Rs. 3,950.
AWWs working in mini Anganwadi centres are being paid a sum of Rs 4,400 per 30 days and the essential duties of offering meals safety to kids within the age group of six months to 6 years, pregnant ladies in addition to lactating moms have been assigned to them, it mentioned.
“For all this, they are being paid very meager remuneration and paltry benefits under an insurance scheme of the Central Government. It is high time that the Central Government and State Governments take serious note of the plight of AWWs and AWHs who are expected to render such important services to the society,” the apex courtroom mentioned.
Justice Rastogi additionally penned a separate however concurring judgement and mentioned the time has come when the Central Government/State Governments need to collectively discover out modalities in offering higher service circumstances to the unvoiced commensurate to the character of job discharged by Anganwadi employees/helpers.
