By way of PTI
NEW DELHI: Anganwadi employees and helpers appointed to paintings in Anganwadi centres are entitled to gratuity underneath the Cost of Gratuity Act, 1972, the Splendid Courtroom stated on Monday.
A bench of Justices Ajay Rastogi and Abhay S Oka stated Anganwadi centres additionally carry out statutory tasks and feature develop into a longer arm of the federal government.
“The 1972 (Cost of Gratuity) Act will practice to Anganwadi centres and in flip to AWWs(Anganwadi Employees) and AWHs (Anganwadi Helpers),” the bench stated.
The bench famous that the problem curious about those appeals is whether or not Anganwadi employees and Anganwadi helpers appointed to paintings in Anganwadi centres arrange underneath the Built-in Kid Building Scheme are entitled to gratuity underneath the Cost of Gratuity Act, 1972.
The appeals arose out of writ petitions filed through the District Building Officer and two different officials for taking exception to the orders handed through the Controlling Authority which stated that Anganwadi Employees and Anganwadi Helpers are entitled to gratuity underneath the 1972 Act.
“This discovering was once affirmed through a unmarried bench of the Gujarat Top Courtroom. Alternatively, the department bench of the Top Courtroom, on appeals filed through the District Building Officer, put aside the one bench verdict and held that AWWs and AWHs may no longer be stated to be staff as in keeping with Segment 2(e) of the 1972 Act, and the ICDS venture can’t be stated to be an trade,” the apex court docket famous.
The highest court docket stated that on account of the provisions of the Nationwide Meals Safety Act, 2013 and Segment 11 of the Proper To Schooling Act, Anganwadi centres additionally carry out statutory tasks.
“The Anganwadi centres have, thus, develop into a longer arm of the Govt in view of the enactment of the Nationwide Meals Safety Act, 2013 and the Laws framed through the Govt of Gujarat. The Anganwadi centres were established to offer impact to the tasks of the State outlined underneath Article 47 of the Charter. It may be safely stated that the posts of AWWs and AWHs are statutory posts,” Justice Oka stated in a separate judgement.
The apex court docket stated that Anganwadi employees (AWWs) and Anganwadi helpers (AWH) were assigned all pervasive tasks, which come with identity of the beneficiaries, cooking nutritious meals, serving wholesome meals to the beneficiaries, engaging in pre-school for the youngsters of the age staff of three to six years, and making widespread house visits for quite a lot of causes.
“Implementation of essential and cutting edge provisions in relation to kids, pregnant ladies in addition to lactating moms underneath the 2013 Act has been entrusted to them. It’s thus inconceivable to just accept the competition that the activity assigned to AWWs and AWHs is a component time activity. The Govt Solution dated November 25, 2019, which prescribes tasks of AWWs and AWHs, does no longer lay down that their activity is a part-time activity. Taking into consideration the character of tasks specified thereunder, it’s completetime employment,” the bench stated.
It stated that within the State of Gujarat, AWWs are being paid per thirty days remuneration of simplest Rs 7,800 and AWHs are being paid per thirty days remuneration of simplest Rs. 3,950.
AWWs operating in mini Anganwadi centres are being paid a sum of Rs 4,400 monthly and the essential duties of offering meals safety to kids within the age staff of six months to 6 years, pregnant ladies in addition to lactating moms were assigned to them, it stated.
“For all this, they’re being paid very meager remuneration and paltry advantages underneath an insurance coverage scheme of the Central Govt. It’s prime time that the Central Govt and State Governments take severe notice of the plight of AWWs and AWHs who’re anticipated to render such essential services and products to the society,” the apex court docket stated.
Justice Rastogi additionally penned a separate however concurring judgement and stated the time has come when the Central Govt/State Governments must jointly to find out modalities in offering higher provider stipulations to the unvoiced commensurate to the character of activity discharged through Anganwadi employees/helpers.
