Payment Of Gratuity Act Applicable To Anganwadi Workers And Helpers: Tripura High Court

The Tripura High Court recently held that the Payment of Gratuity Act, 1972 is applicable to the Anganwadi Workers and Anganwadi Helpers working in the State.In this context, the single judge bench of Justice S. Datta Purkayastha quashed the memorandum dated August 11, 2023 issued by State's Social Welfare & Social Education Department to the extent that the claim of gratuity was denied to certain Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) engaged under Intensive Child Development Services Scheme (ICDS scheme) at different Anganwadi centres in Tripura. “…it is held that the Payment of Gratuity Act, 1972 is applicable to the AWWs and AWHs working in the State of Tripura and the respondent Nos.1-11 are directed to make the payment of gratuity to the petitioners as per their eligibility in terms of provisions of Payment of Gratuity Act, 1972 along with interest @ 7% per annum computing for the period after 30 days from the respective date of their retirement till the payment is made,” the bench ordered.The petitioners' engagement was discontinued on their retirement on different dates during the period from 2021 to 2023 after they attainted the age of 60 years. Engagement of some of the petitioners were continued by way of re-engagement even after they had attained the age of 60 years and later on same was discontinued.All the petitioners, in the month of July, 2023 sent their respective representations to the Social Welfare Department to provide them gratuity and other post retiral benefits but the Department vide letter dated August 11, 2023 regretted the matter of gratuity.The Counsel appearing for the petitioners argued that in the case of Maniben Maganbhai Bhariya v. District Development Officer Dahod and others, 2022 SCC OnLine SC 507, it has been decided by the Supreme Court that the AWWs and AWHs are entitled to gratuity on their retirement in addition to other post retirement benefits. It was further submitted that Anganwadi establishment comes within the definition of 'establishment' in terms of section 1(3)(b) of the Payment of Gratuity Act.On the other hand, the Government Advocate appearing for the State respondents submitted that the State of Gujarat already came up with a composite scheme on the basis of one resolution dated November 25, 2019 laying down exhaustive provisions regarding selection process, eligibility criteria, minimum academic qualification, disciplinary action etc. in respect of AWWs and AWHs and based on the same, such decision was rendered in case of Maniben (supra).It was further contended that the State of Tripura was not a party in that case, and said judgment was not a judgment passed in rem and was also not circulated to the State of Tripura for compliance and therefore, in no way, ratio of said Maniben's case can be applied in a case relating to Tripura.Additionally it was submitted that the words 'shop or establishment' as mentioned under Section 1(3)(b) of the Act of 1972 covers either any 'shop', or any 'establishments' where the commercial activities like a shop is carried out.It was further argued that even if the word 'establishment' is considered separately having no connection with any kind of commercial activities, still Anganwadi centre will not come within the purview of establishment like Gujarat where separate rules/schemes in this regard are already in force and moreover only two employees [i.e. less than 10] are engaged in every Anganwadi Centre or Anganwadi Sub-Centre in Tripura.The Government Advocate contended that if there is a scheme framed by the State, the Court can ask for implementation of the same but when there is no such definite scheme for AWWs and AWHs, the court cannot rewrite any scheme.The question before the Court was whether the provision of Gratuity Act is applicable to the AWWs and AWHs as employed or engaged in the State of Tripura in view of the judgment of Maniben's case?The Court noted that the Apex Court in Maniben's Case has given wider interpretation of the words 'establishment', 'employer', 'employee' and 'wages' as envisaged in 1972 Act in an extensive manner and finally came to the conclusion that the Act of 1972 will be applicable to AWWs and AWHs.“Hon'ble Supreme Court while examining the definition of 'establishment' within the meaning of law, referred the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Code on Wages, 2019 in Maniben's case to include government offices and establishments within such definition. Both the above said Acts have their application equally in Tripura and Gujarat,” the Court said.The Court observed that pre-school education is one of the most important activity in Anganwadi centres and therefore, section 11 of the Right of Children to Free and Compulsory Education Act, 2009 has it's relevancy in this regard, as has been discussed in Maniben's case.It was highlighted by the Court that the Right of Children to Free and Compulsory Education Rules (Tripura),...

Payment Of Gratuity Act Applicable To Anganwadi Workers And Helpers: Tripura High Court

Udit Singh

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