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Anganwadi Workers and Helpers Entitled to Gratuity, Says SC

-PTI/ Newsclick.in

The top court said because of provisions of National Food Security Act, 2013 and Section 11 of Right To Education Act, Anganwadi centres also perform statutory duties.

New Delhi: Anganwadi workers and helpers appointed to work in Anganwadi centres 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 Anganwadi centres also perform statutory duties and have become an extended arm of the 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 said.

The bench noted that 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 are entitled to gratuity under the Payment of Gratuity Act, 1972.  

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.

"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 court noted.  

The top court 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.

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Please click here to access the judgement (Source: LiveLaw.in).