Anganwadi workers and helpers appointed to work in Anganwadi centres, set up under the Integrated Child Development Scheme are entitled to gratuity under the Payment of Gratuity Act, 1972, the Supreme Court said on Monday.
A bench of Justices Ajay Rastogi and Abhay S Oka said that because of the provisions of the National Food Security Act, 2013 and Section 11 of the Right To Education Act, Anganwadi centres also perform statutory duties and have become an extended arm of the government.
The Supreme Court notified that the Anganwadi workers and helpers take care of the nutrition needs of around 158 million children. They were entitled to gratuity which is a basic social security measure.
The appeals arose out of writ petitions filed by the District Development Officer and two other officers for taking exception to the orders passed by the Controlling Authority which said that Anganwadi Workers and Anganwadi Helpers are entitled to gratuity under the 1972 Act.
A Bench of Justices Ajay Rastogi and A.K. Oka rued that how these workers and helpers, who performed a bouquet of vital services at the grassroots level and were often the bridge between the government and beneficiaries under the National Food Security Act and the Integrated Child Development Scheme (ICDS).
They were made to fight so hard and for so long for the recognition of their right to be paid gratuity under the Payment of Gratuity Act, 1972.
The bench said, “The 1972 (Payment of Gratuity) Act will apply to Anganwadi centres and in turn to AWWs (Anganwadi Workers) and AWHs (Anganwadi Helpers).”
Justice Oka said in a separate judgement, “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.”
The bench said, “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.”
The bench future said, “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-Âtime job. Considering the nature of duties specified thereunder, it is fullÂtime employment.”
The apex court said, “For all this, they are being paid very meagre 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.”
