MANIBEN MAGANBHAI BHARIYA versus DISTRICT DEVELOPMENT OFFICER DAHOD & ORS. on 25 April 2022

1. It is the duty of the State to improve the level of nutritionwhich is one of the best methods to improve public health.Anganwadi centres were statutorily recognised under theNational Food Security Act, 2013. Anganwadi centres have beenentrusted with a very vital and significant role in implementingSections 4 to 6 of the 2013 Act. It can be said that Anganwadicentres perform a pivotal role in discharging the statutoryobligation of the State to provide nutritional support to pregnantwomen, lactating mothers and children in the age group of 6months to 6 years. [Paras 8, 9, 10 and 12][773-F-G; 774-A-B, C;776-D-E]

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A2. In view of the provisions of the 2013 Act and Section 11of the Right of Children to Free and Compulsory Education Act,2009 (RTE Act), Anganwadi centres also perform statutory duties.Therefore, even AWWs and AWHs perform statutory duties underthe said enactments. The Anganwadi centres have, thus, becomean extended arm of the Government in view of the enactment ofBthe 2013 Act and the Rules framed by the Government of Gujarat.The Anganwadi centres have been established to give effect tothe obligations of the State defined under Article 47 of theConstitution. It can be safely said that the posts of AWWs andAWHs are statutory posts. In view of the changes brought aboutCby the 2013 Act and the aforesaid Rules framed by the Governmentof Gujarat, the law laid down by this Court in the case of Ameerbiwill not detain this Court any further from deciding the issue.The decision in the case of Ameerbi will not have any bearing onthe issue involved in these appeals. [Paras 18 and 19][780-G-H;781-A-C]DState of Karnataka and others v. Ameerbi and others,2007 (11) SCC 681 : [2006] 10 Suppl. SCR 329 –heldinapplicable.

3. It is impossible to accept the contention that the jobEassigned to AWWs and AWHs is a part-time job. In the State ofGujarat, the Government Resolution dated 25th November, 2019lays down exhaustive provisions regarding selection criteria,duties, disciplinary action, rules, etc. in respect of AWWs andAWHs. In fact, by the said Resolution, the State Government hasframed the Anganwadi Worker/Helper (Selection Criteria,FHonorary Service, Review and Discipline) Rules. TheGovernment Resolution dated 25th November 2019, whichprescribes duties of AWWs and AWHs, does not lay down thattheir job is a part-time job. Considering the nature of dutiesspecified thereunder, it is full-time employment. [Paras 13 andG20][781-D-E; 777-A-B]

4. Sub-sections (3) and (3A) of the Payment of Gratuity Act,1972 deal with the applicability of its provisions. Clause (b) ofSection 1(3) applies to every shop or establishment within themeaning of any law for the time being in force in relation to theHshops and establishments in a State in which ten or more persons

are employed or were employed on any day of the precedingtwelve months. The question is whether clause (b) of Section1(3) of the Payment of Gratuity Act, 1972 will apply. This Court inthe case of the Labour Court, Jullunder has given a wideinterpretation to clause(b). ‘Establishments’ contemplated byclause (b) can be establishments within the meaning of any lawfor the time being in force in a State in relation to establishments.Establishments have been defined in clause (e) of Section 2 ofthe Contract Labour (Regulation and Abolition) Act, 1970. TheContract Labour Act is applicable to establishments as providedin sub-section (4)(a) of Section 1. In view of sub-section (2) ofSection 1, the Contract Labour Act is applicable to the State ofGujarat. Therefore, it is legislation in relation to establishmentsin the State of Gujarat. The selection and appointments of AWWsand AWHs are being made by the Government of Gujarat. Anofficer of the said Government is empowered to issue an order oftermination of employment of AWWs and AWHs. Anganwadicentres have become an extended arm of the Government. Now,it operates as an establishment or a wing of the Government.The remuneration to AWWs and AWHs is paid by the StateGovernment. However, the State Government gets contributionsfrom the Central Government. Moreover, it can always be saidthat occupation is carried out in the establishments of Anganwadicentres. Hence, Anganwadi Centre is an establishment withinthe meaning of clause (e) of Section 2 of the Contract LabourAct. It is not the case of the State Government that everyAnganwadi centre is a separate entity. Anganwadi centres andMini Anganwadi centres are a part of the Anganwadi establishmentof the State Government. The Anganwadi centres have beenemploying ten or more AWWs and AWHs in the State. There isthus no manner of doubt that Anganwadi centres areestablishments contemplated by clause (b) of sub-section (3) ofSection 1 of the 1972 Act. [Paras 21, 22, 24 and 27][781-H;782-D-E; F-G; 784-G-H; 785-B-E; G-H; 786-A]

Bangalore Water Supply and Sewerage Board v. A.Rajappa and others, 1978 (2) SCC 213 – heldinapplicable.

State of Punjab v. Labour Court, Jullunder and others1980 (1) SCC 4 : [1980] 1 SCR 953 – relied on.

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A5. The definition of ‘wages’ is very wide. It means allemoluments which are earned by an employee on duty. Thus, thehonorarium paid to AWWs and AWHs will also be covered by thedefinition of wages. As AWWs and AWHs are employed by theState Government for wages in the establishments to which thePayment of Gratuity Act, 1972 applies, the AWWs and AWHs areBemployees within the meaning of the 1972 Act. In view of thesaid Rules of the Gujarat Government, the Anganwadi centresare not under the control of the Central Government. Therefore,the State Government will be an appropriate Government withinthe meaning of clause (a) of Section 2 of the 1972 Act. Accordingly,Ca person or authority appointed by the appropriate Governmentfor the supervision and control of AWWs and AWHs will be theemployer within the meaning of clause (f) of Section 2.[Para 29][787-B-D]

6. Further, the Government of India by a notification datedD3rd April 1997 has notified educational institutions asestablishments under clause (c) of sub¬section (3) of Section 1of the 1972 Act. In the Anganwadi centres, the activity of runninga preschool for the children in the age group of 3 to 6 years isbeing conducted. It is purely an educational activity. The job ofEteaching is done by AWWs and AWHs. The State Government isrunning pre-schools in Anganwadi centres in accordance withSection 11 of the RTE Act. [Para 30][787-D-F]

7. The provisions of the Payment of Gratuity Act, 1972apply to AWWs and AWHs working in Anganwadi centres. WithinFa period of three months from today, necessary steps shall betaken by the concerned authorities in the State of Gujarat underthe 1972 Act to extend benefits of the said Act to the eligibleAWWs and AWHs. [Para 32][788-B-C]

Ahmedabad Pvt. Primary Teachers’ Assn. v.GAdministrative Officer and others, 2004 (1) SCC 755 :[2004] 1 SCR 470 and Jaya Bachchan v. Union of Indiaand others, 2006 (5) SCC 266 : [2006] 2 Suppl.SCR 110 – referred to.

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Per AJAY RASTOGI, J. (Supplementing)

1. The role of Anganwadi workers (AWW) and Anganwadihelpers (AWH) is not only at war against malnutrition but haveplayed a pivotal and significant role during the Covid-19 pandemicwhich was the unprecedented health war faced by the nation inresponding to the various challenges posed. These frontlinewomen workers are the backbone of the ICDS. ICDS scheme isnot just a welfare scheme but a means of protecting the rights ofchildren under six- including their right to nutrition, health andjoyful learning and rights of pregnant and lactating mothers. Thesurvival, well-being and rights of children become social issuesof interest to the whole community and not just to the mothers ofthe families concerned. “Socialised childcare” also contributesto the liberation of women: it lightens the burden of looking afterchildren, provides a potential source of remunerated employmentfor women and gives them an opportunity to build women’sorganizations. In light of these rich contributions of childcare tosocial progress, ICDS deserves far greater attention in publicpolicy since ICDS acts as an institutional mechanism forrealization of child and women rights. [Paras 19 and 20][793-H;794-A; D-F]

2. The contribution of Anganwadi workers/helpers at thegrassroot level under the ICDS scheme is being wellacknowledged by the Government of India, Ministry of Womenand Child Development and in the last few years, it has alsowitnessed not only an exponential increase in the Anganwadicentres/workers but also significant specific efforts aimed atensuring quality in the delivery of services and communityparticipation. Indeed, the responsibilities of the Anganwadiworkers/helpers have tremendously increased which now requireto perform multiple tasks ranging from delivery of vital services,involving Community/ women’s groups/Mahila Mandals and forensuring the effective convergence of various sectoral services.For restructuring and strengthening of ICDS, provisions havebeen made for rationalization of appointment of Anganwadiworkers as Supervisors which is a cadre post under theGovernment. That apart, the Government of Gujarat has also comewith a composite scheme vide its Resolution dated 25th ABCD

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ANovember, 2019 laying down the procedure according to whichselections shall be made through a transparent procedure to befollowed laying down the eligibility criteria (including academicqualification) according to which the merit list of the candidateswho had participated in the selection process for post ofAnganwadi workers/helpers shall be made and if any participant/Bapplicant is dissatisfied or aggrieved by the process of selectionheld by the authorities, can prefer an appeal to the Committeeconstituted for the said purpose. [Paras 42 and 45][799-H;800-A-C; 801-B-C]

3. The honorarium paid to the Anganwadi workers/helpersCis basically the quantum of money offered/conferred to somebodywho is especially a professional or a well honoured person forproviding services. It is a voluntary process. However, what isbeing paid to Anganwadi workers/helpers with a nomenclatureused by the respondents in projecting the term ‘honorarium’, isDin fact the ‘wages’ that has been paid for the services renderedat the end of the month. It is the form of emoluments which isbeing earned on discharge of duty in accordance with the termsof employment defined under Section 2(s) of the Payment ofGratuity Act, 1972. [Para 48][801-F-G]

E4. In Ameerbi Case on which the Division Bench of the HighCourt has placed reliance, it was a case where the question raisedfor consideration was as to whether those who are appointed asAnganwadi workers/helpers are holders of civil posts and areentitled to seek protection of Article 311 of the Constitution. Inthe present cases, the question which has been raised forFconsideration is limited to the extent as to whether those whoare working as Anganwadi workers/helpers are eligible to claimgratuity under the provisions of the Act, 1972. Therefore, thejudgment of Ameerbi relied upon by the Division Bench of theHigh Court and placed by the respondents before this Court is ofGno assistance and has no application so far as the question raisedbefore this Court in the instant appeals. [Paras 49, 50 and 51][801-H; 802-A-D]

State of Karnataka and others v. Ameerbi and others,2007 (11) SCC 681 : [2006] 10 Suppl. SCR 329 – heldHinapplicable.

MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENTOFFICER DAHOD

State Bank of India v. Shri N. Sundara Money 1976 (1)ASCC 822 : [1976] 3 SCR 160; Bangalore Water Supplyand Sewerage Board v. A. Rajappa and others 1978(2) SCC 213 : [1978] 3 SCR 207; Sant Ram v. RajinderLal and others 1979 (2) SCC 274 : [1979] 1 SCR 900;Steel Authority of India Ltd. and others v. National UnionBWaterfront Workers and others 2001 (7) SCC 1 : [2001]2 Suppl. SCR 343; State of Punjab v. Labour Court,Jullunder and others 1980 (1) SCC 4 : [1980]1 SCR 953; Ahmedabad Private Primary Teachers’Association v. Administrative Officer and others 2004(1) SCC 755 : [2004] 1 SCR 470; Jaya Bachchan v.CUnion of India and others 2006 (5) SCC 266 : [2006]2 Suppl. SCR 110; Birla Institute of Technology v. Stateof Jharkhand and others 2019 (4) SCC 513 : [2019]2 SCR 963 and Unni Krishnan J.P. and others v. Stateof Andhra Pradesh and others (1993) 4 SCC 111 –Dreferred to.

Case Law Reference

In the judgment of ABHAY S. OKA, J.

(1978) 2 SCC 213held inapplicablePara 2(d)E[2004] 1 SCR 470referred toPara 2(f)[2006] 10 Suppl. SCR 329held inapplicablePara 2(h)[2006] 2 Suppl. SCR 110referred toPara 2(i)[1980] 1 SCR 953relied onPara 2(j)FIn the judgment of AJAY RASTOGI, J.[1976] 3 SCR 160 referred toPara 15[1978] 3 SCR 207referred toPara 15[1979] 1 SCR 900referred toPara 15G[2001] 2 Suppl. SCR 343referred toPara 15[1980] 1 SCR 953referred toPara 16[2004] 1 SCR 470referred toPara 16[2006] 2 Suppl. SCR 110referred toPara 16H

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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3153Bof 2022.

From the Judgment and Order dated 08.08.2017 of the High Courtof Gujarat at Ahmedabad in L.P.A. No. 939 of 2016.

With

Civil Appeal Nos.3154, 3155, 3156, 3157 and 3158 of 2022.C

Sanjay Parikh, P. V. Surendranath, Sr. Advs., Ms. Pyoli, SatwikParikh, Rahul Narang, Subhash Chandran K. R., Biju P. Raman, SawanKumar Shukla, Pawan Kr. Dabas, Advs. for the Appellant.

Ms. Aishwarya Bhati, ASG, Ms. Aastha Mehta, Ms. PrernaDMohapatra, Ms. Deepanwita Priyanka, Ms. Hemantika Wahi, GurmeetSingh Makker, Ms. Aakanksha Kaul, B. K. Satija, Mohd. Akhil, SughoshSubramanyam, Advs. for the Respondents.

The Judgment of the Court was delivered by ABHAY S. OKA, J.E

Leave granted.

1. The issue involved in these appeals is whether Anganwadiworkers and Anganwadi helpers appointed to work in Anganwadi centresset up under the Integrated Child Development Scheme (for shortF“ICDS”) are entitled to gratuity under the Payment of Gratuity Act,1972 (for short “the 1972 Act”). The appellants are Anganwadi workersand/or their organisations. The appeals arise out of writ petitions filed bythe District Development Officer and two other officers for takingexception to the orders passed by the Controlling Authority under the1972 Act. The finding rendered by the Controlling Authority which wasGconfirmed by the Appellate Authority was that Anganwadi Workers(AWWs) and Anganwadi Helpers (AWHs) are entitled to gratuity underthe 1972 Act. The Appellate Authority confirmed the said orders. Thelearned Single Judge dismissed the writ petitions. In Letters PatentAppeals, a Division Bench of Gujarat High Court interfered and setaside the orders passed by the Controlling Authority and the appellateH

authority under the 1972 Act. The Division Bench held that AWWs andAWHs could not be said to be employees as per Section 2(e) of the1972 Act, and the ICDS project cannot be said to be an industry. It washeld that as the remuneration or honorarium paid to them cannot betreated as wages within the meaning of Section 2(s) of the 1972 Act,they are disentitled to gratuity. The Judgment of the Division Bench isthe subject matter of challenge before this Court.

SUBMISSIONS OF THE APPELLANTS

2. Detailed submissions have been made on behalf of the appellantsin support of the appeals. The submissions have been made by ShriSanjay Parikh, the learned Senior Counsel, and Shri P.V. Surendranath,the learned Senior Counsel. The submissions can be summarised asunder:

a)The 1972 Act is a social security welfare legislation. The1972 Act recognizes that all persons in the society needprotection against loss of income due to unemploymentarising out of incapacity to work due to invalidity, old age,etc.

b)Anganwadi centres set up under ICDS are ‘establishments’within the meaning of clause (b) of Section 1(3) of the 1972Act.

c)The concept of ‘establishment’ under the 1972 Act is muchbroader than the definition of ‘industry’ under Section 2(j)of the Industrial Disputes Act, 1947 (for short, “the 1947Act”).

d)Relying upon a decision of this Court in the case ofBangalore Water Supply and Sewerage Board v. A.Rajappa and others[1], it was submitted that as there is asystematic and organized activity carried out in Anganwadicentres with the cooperation of the employer and employeesfor rendering services, Anganwadi centres will have to betreated as ‘industry.’

e)In the alternative, it was submitted that even if clause (b)of Section 1(3) of the 1972 Act does not apply to Anganwadicentres, clause (c) of Section 1(3) will apply as theGovernment of India has exercised power under clause (c)of Section 1(3) by notifying educational institutions as a A

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Aclass of establishment to which the 1972 Act will apply.Under the ICDS scheme, pre-school non-formal educationis provided in Anganwadi centres to children in the agegroup of 3 to 6. Even teaching about nutrition and health isimparted in Anganwadi centres. Hence, the Anganwadicentres are educational institutions.B

f)Placing reliance on a decision of this Court in the case ofAhmedabad Pvt. Primary Teachers’ Assn. v.Administrative Officer and others[2], it was submitted thatas per the notification mentioned above, teaching as wellas non-teaching staff of educational institutions has beenCcovered. It is submitted that the effect of the said decisionis that the 1972 Act will even cover employees other thanteachers in educational institutions.

g)While deciding the Ahmedabad Primary Teachers’Association case, this Court relied upon the definition ofD‘employee’ in the 1972 Act, which was restricted by thewords “to do any skilled, semi-skilled or unskilled…...”. ByAct No. 47 of 2009, these words were deleted, andtherefore, the definition of ‘employee’ under Section 2(e)of the 1972 Act has become very wide.

Eh)This Court in the case of State of Karnataka and othersv. Ameerbi and others[3 ]held that AWWs and AWHs arenot the employees of Anganwadi centres or the ICDSscheme. In the said case, the dispute was confined to anissue of whether AWWs can be said to be holding civilposts to attract the jurisdiction of the Karnataka StateFAdministrative Tribunal established under Section 15 of theAdministrative Tribunals Act, 1985. Hence, the said decisionis not relevant in this case.

i)Merely because the monthly remuneration paid to AWWsis styled as honorarium, it cannot be conclusive. UnderGSection 2(s) of the 1972 Act, the definition of ‘wages’ isvery wide to include both the categories. AWWs and AWHsare doing full-time jobs involving multiple duties concerningwomen and children. Reliance was placed on a decision of 2 2004 (1) SCC 755H3 2007 (11) SCC 681

this Court in the case of Jaya Bachchan v. Union of Indiaand others[4].

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j)Reliance was placed on definitions of ‘establishment’ and‘industrial establishment’ under various statutes. On thisbehalf, a reference was made to a decision of this Court inthe case of State of Punjab v. Labour Court, JullundurBand others[5].

k)The submission is that the provisions of the 1972 Act applyto AWWs and AWHs.

SUBMISSIONS OF THE RESPONDENTS

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3. Ms. Aastha Mehta, learned counsel appearing on behalf of theState of Gujarat submitted that ICDS is a Central Government schemewhich the State Governments are implementing. Her submission is thatAWWs and AWHs are appointed from amongst local inhabitants. Usually,women who are well-versed in cooking, processing food, cleaning, etc.,are appointed on a yearly basis. They are being paid an honorarium andnot wages. It is pointed out that the honorarium payable to AWWs andAWHs has been enhanced in the year 2020. She submitted that thoughthe share of the Central Government in the honorarium has not beenincreased, under the Government Resolution dated 21[st] March 2020, theState Government has increased its contribution, and now theremuneration of AWWs is Rs.7,800/- per month. She submitted that anumber of other benefits have been made available by the StateGovernment to AWWs, set out in the counter affidavit. It is pointed outby learned counsel that there are 53,029 Anganwadi centres establishedunder the ICDS in the State of Gujarat, and presently there are about51,560 AWWs and 48,690 AWHs in the entire State. If gratuity is held tobe payable to them, there will be a substantial financial burden on theState exchequer as the amount payable towards gratuity will be morethan Rs.25 crores.

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4. Ms. Aishwarya Bhati, the learned Addl. Solicitor General ofIndia submitted that while the Government of India acknowledges theimportant role of Anganwadi centres in implementing the ICDS schemeand consequently the role of AWWs and AWHs, the provisions of the G

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A1972 Act do not apply to them. She pointed out that clause (b) ofSection 1(3) refers to ‘establishments’ within the meaning of any lawfor the time being in force in relation to shops and establishments in aState and therefore, in this case, the provisions of Gujarat Shops andEstablishments Act, 1948 (for short “the Gujarat Act”) as applicableto the State of Gujarat will have to be considered. Referring to theBdefinitions of ‘commercial establishments’ and ‘establishments’ underthe Gujarat Act, she submitted that ICDS is not an establishment as itdoes not carry on any business, trade or profession or any activityconnected, incidental or ancillary thereto. She submitted that ICDS isa welfare scheme designed and implemented to benefit children,Cpregnant women, and lactating mothers. Relying upon a decision ofthis Court in the case of Bangalore Turf Club Limited v. RegionalDirector, Employees’ State Insurance Corporation[6], she submittedthat the term ‘establishment’ used in the 1972 Act presupposes an elementof commercial activity. She submitted that what is being paid to AWWs is an honorarium which cannot be described as wages. In support of theDsaid submission, she relied upon a decision of the Delhi High Court in thecase of Akhil Bhartiya Anganwadi Kamgar Union (Regd.) v. Unionof India & Ors. She also pointed out that the decision of this Court inthe case of Bangalore Water Supply and Sewerage Board (supra)has been referred to a larger Bench. She pointed out that as AWWs andEAWHs render valuable assistance, there is insurance coverage providedto them by the Central Government as set out in the counter affidavit.Apart from insurance benefits, other benefits are being extended toAWWs.

REJOINDER OF THE APPELLANTS

F5. The learned counsel appearing for appellants pointed out thatAnganwadi centres are performing the statutory duty of implementingprovisions of Sections 4, 5 and 6 of the National Food Security Act, 2013(for short “the Act of 2013”). By pointing out the duties of AWWs andAWHs, which are placed on record along with IA No. 161608 of 2021,Git was pointed out that their responsibilities extend not only to runningAnganwadi centres but to running pre-primary schools in Anganwadis.Apart from that, they are obligated to make home visits for variouspurposes. It is certain that they are doing full-time jobs and are dischargingonerous responsibilities.H6 2014 (9) SCC 657

ROLE OF ANGANWADI WORKERS AND HELPERS

6. I have given careful consideration to the submissions. TheGovernment of India launched ICDS on 2[nd] October 1975. Under ICDS,six services are being provided: -

(i) supplementary nutrition,

(ii) pre-school non-formal education,

(iii) nutrition and health education,

(iv) immunization,

(v) health check-up and

(vi) referral services.

The cost of running ICDS and Anganwadi centres is being sharedby the Government of India and the State Governments.

7. The 2013 Act came into force on 5[th] July 2013. One of theobjectives of enacting the 2013 Act was to give effect to Article 47 ofthe Constitution of India, which is a part of the Directive Principles ofState Policy. Article 47 reads thus:

“ARTICLE 47: DUTY OF THE STATE TO RAISE THELEVEL OF NUTRITION AND THE STANDARD OFLIVING AND TO IMPROVE PUBLIC HEALTH

The State shall regard the raising of the level of nutrition and thestandard of living of its people and the improvement of publichealth as among its primary duties and, in particular, the Stateshall endeavour to bring about prohibition of the consumption exceptfor medicinal purpose of intoxicating drinks and of drugs whichare injurious to health.”

8. It is the duty of the State to improve the level of nutrition whichis one of the best methods to improve public health. Apart from Article47, India is a signatory to the Universal Declaration of Human Rightsand the International Covenant on Economic, Social, and Cultural Rights.The said convention casts responsibilities on all States to recognize theright of citizens to adequate food. As provided in the Statement of Objectsand Reasons of the 2013 Act, one of its objectives is to improve thenutritional status of women and children. The object of the 2013 Actwas to bring about a shift in addressing the issue of food security. Theapproach was changed from the welfare approach to the rights-based A

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Aapproach. The role of Anganwadi centres finds a place in paragraph 7of the Statement of Objects and Reasons of the 2013 Act.

9. Anganwadi centres were statutorily recognised under the 2013Act. Sub-section (1) of Section 2 of 2013 Act reads thus:

“(1) “anganwadi” means a child care and development centre setBup under the Integrated Child Development Services Scheme ofthe Central Government to render services covered under section4, clause (a) of sub-section (1) of section 5 and section 6.”

10. Anganwadi centres have been entrusted with a very vital andsignificant role in implementing Sections 4 to 6 of the 2013 Act, whichCread thus:

“4. Nutritional support to pregnant women and lactatingmothers.- Subject to such schemes as may be framed by theCentral Government, every pregnant woman and lactatingmother shall be entitled to—

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(a) meal, free of charge, during pregnancy and six monthsafter the child birth, through the local anganwadi, so as tomeet the nutritional standards specified in Schedule II; and (b) maternity benefit of not less than rupees six thousand, in suchinstalments as may be prescribed by the Central Government:EProvided that all pregnant women and lactating mothers in regularemployment with the Central Government or State Governmentsor Public Sector Undertakings or those who are in receipt of similarbenefits under any law for the time being in force shall not beentitled to benefits specified in clause (b).F

5. Nutritional support to children—(1) Subject to the provisionscontained in clause (b), every child up to the age of fourteenyears shall have the following entitlements for his nutritionalneeds, namely:—

G(a) in the case of children in the age group of six months tosix years, age appropriate meal, free of charge, throughthe local anganwadi so as to meet the nutritional standardsspecified in Schedule II:

Provided that for children below the age of six months, exclusivebreast feeding shall be promoted;H

(b) in the case of children, up to class VIII or within the age groupof six to fourteen years, whichever is applicable, one mid-daymeal, free of charge, every day, except on school holidays, in allschools run by local bodies, Government and Government aidedschools, so as to meet the nutritional standards specified in ScheduleII.

(2) Every school, referred to in clause (b) of sub-section (1),and anganwadi shall have facilities for cooking meals,drinking water and sanitation:

Provided that in urban areas facilities of centralised kitchens forcooking meals may be used, wherever required, as per theguidelines issued by the Central Government.

6. Prevention and management of child malnutrition.-TheState Government shall, through the local anganwadi,identify and provide meals, free of charge, to children whosuffer from malnutrition, so as to meet the nutritional standardsspecified in Schedule II.”

11. The provisions mentioned above lay down the entitlements ofpregnant women, lactating mothers, and children in the age group of 6months to 6 years. In addition, the children who suffer from malnutritionare entitled to the benefit of free meals through Anganwadi centres.These entitlements confer corresponding rights on the said beneficiaries.The benefits referred to in Sections 4,5 and 6 of the 2013 Act are providedthrough Anganwadi centres as set out in the Supplementary Nutrition(under the Integrated Child Development Services Scheme) Rules, 2017(for short “The Supplementary Nutrition Rules”). Rules 3 and 4 of theSupplementary Nutrition Rules are relevant which read thus:

“3. Nature of entitlements. - (1) The entitlements referred toin sections 4, 5 and section 6 of the Act shall be provided underthe Supplementary Nutrition Programme of Anganwadi Services(Integrated Child Development Services Scheme) of the CentralGovernment to every pregnant woman and lactating mother tillsix months after childbirth, and every child in the age group of sixmonths to six years (including those suffering from malnutrition).

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Abridge the gap between the Recommended Dietary Allowanceand the Average Daily Intake.

4. Place of serving meal. - (1) The Anganwadi Services(Integrated Child Development Services) is a self-selectingscheme and the entitlements, as mentioned in clause (a) ofBsection 4, clause (a) of sub-section (1) of section 5 andsection 6 shall be available to those who enroll themselvesand visit the nearest anganwadi centre during its workinghours, as notified by the State Government or the Union territoryAdministration from time to time.

C(2) The meal shall be served at the nearest anganwadicentres where the beneficiary is registered or enrolled.”

12. Thus, Anganwadi centres have been entrusted with theonerous responsibility of implementing some of the most important andDinnovative provisions of the 2013 Act. It can be said that Anganwadicentres perform a pivotal role in discharging the statutory obligation ofthe State to provide nutritional support to pregnant women, lactatingmothers and children in the age group of 6 months to 6 years. A freemeal is provided to pregnant mothers during pregnancy and 6 monthsafter childbirth through the Anganwadi centres. In the case of childrenEin the age group of 6 months to 6 years, an age-appropriate free meal isto be provided in Anganwadi centres. In addition, the important duty ofproviding free meals to the children who suffer from malnutrition hasbeen entrusted to Anganwadi centres. The free meals to be providedthrough Anganwadi centres must satisfy the nutritional requirements andFstandards specified in Schedule II of the 2013 Act. Therefore, undersub-section (2) of Section 5, there is a provision that every Anganwadicentre shall have a proper facility of cooking meals, drinking water andsanitation. Another crucial statutory duty assigned to local Anganwadicentres is to identify children who suffer from malnutrition so that freemeals can be provided to such identified children. The AWWs and AWHsGconstitute the backbone of Anganwadi centres and therefore, this onerousresponsibility of extending benefits under the 2013 Act to the beneficiariesis on them. Anganwadi centres are responsible for ensuring the healthygrowth of the children in the age group of 6 months to 6 years and thechildren who suffer from malnutrition.

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13. Now, coming to the State of Gujarat, the Government Resolutiondated 25[th] November 2019 (Annexure A-1 of IA no. 161608 of 2021)lays down exhaustive provisions regarding selection criteria, duties,disciplinary action, rules, etc. in respect of AWWs and AWHs. In fact,by the said Resolution, the State Government has framed the AnganwadiWorker/Helper (Selection Criteria, Honorary Service, Review andDiscipline) Rules (for short “the said Rules”). Duties of AWWs andAWHs have been laid down in Appendix-1 to the Government Resolution.Very important functions and responsibilities have been assigned toAWWs in Appendix-1. We are reproducing some of the onerous dutiesand functions assigned to AWWs :

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(a) The AWWs shall carry out the survey within their area ofduty and shall update the record regularly by taking note ofthe occurrence of new events; (b)Apart from providing health and nutrition services to thechildren within their jurisdiction, AWWs are under a duty tomonitor the growth-development of all children. They areDalso under an obligation to identify severely malnourishedchildren and children in need of medical attendance;

(c) AWWs have a duty of monitoring the growth of the childrenin the age group of 0 to 3 years, including monitoring theirweight. They are responsible for maintaining a growth chartfor measuring the child’s individual growth. They mustidentify children who are significantly underweight and takespecial care of such children; E

(d) To make four follow-up visits every fortnight to the childrenrehabilitated at Children Malnutrition Treatment Centres/Nutrition Rehabilitation Centres and ensure that the saidchildren get supplementary food at Anganwadi centres; F

(e) AWWs are also required to cater to vaccination serviceswith the help of Aasha workers. They are also duty-boundto undertake activities relating to health, nutrition, andhygiene education; G

(f) They are responsible for following safety and hygiene normsin respect of food materials in Anganwadi centres; (g)AWWs must make home visits at least three times a weekand meet children below the age of 3 years, pregnant women,and lactating mothers; H

A(h)With a view to ensuring public participation in the activitiesof Anganwadis, they are required to celebrate variousspecial days on all four Tuesdays;

(i) It is the duty of the AWWs to identify handicapped childrenor children with slow growth and provide referral servicesBto them by referring them for health screening; (j)AWWs are required to conduct pre-primary educationactivities for the children of the age group of 3 to 6 yearsfollowing pre-school timetable and using pre-school kit; (k)Appendix-1 provides for AWWs attending meetings ofCvarious committees;

(l) The AWWs are required to look after the implementationand coordination of various other services under variousGovernment schemes; (m)Their duties are to carry out Aadhar registration of theDchildren attached to Anganwadis; and (n)They are required to maintain several reports, registers,records relating to beneficiaries, deaths of children,registration of births and deaths, and submit monthly orannual reports.

E14. The duties and functions of AWHs are also very onerous.Some of the important duties are as under:

•To report half an hour before the working hours ofAnganwadi centres and clean Anganwadi centres everyday. To maintain a neat and clean environment within theAnganwadi centres;F

•To cook and serve healthy food to the beneficiaries; •To bring children to Anganwadi and to drop them at theirhouses; •To clean the utensils used for cooking and serving; G•To maintain personal hygiene of children; •To help AWWs in public relations and public participationworks; and •To perform all duties relating to ICDS as may be assignedby the Child Development Program Officer and the StateHOffice of ICDS.

15. One of the important functions of Anganwadi centres is toconduct pre-primary education activities for the children of the age groupof 3 to 6 years by following the pre-school timetable and by using thepre-school kit. That is the specific provision in the Government Resolutiondated 25[th] November 2019. It is also provided therein that the Anganwadichildren admitted to primary schools shall be issued a certificate of pre-primary education signed by the Child Development Programme Officer.On this aspect, Section 11 of the Rights of Children to Free andCompulsory Education Act, 2009 (for short, ‘the RTE Act’) is relevant.Section 11 reads thus:

“11. Appropriate Government to provide for pre-schooleducation. —With a view to prepare children above the age ofthree years for elementary education and to provide early childhoodcare and education for all children until they complete the age ofsix years, the appropriate Government may make necessaryarrangement for providing free pre-school education for suchchildren.”

The appropriate Government, in this case, is the Government ofGujarat. For giving effect to Section 11 of the RTE Act, a provision hasbeen made by the State Government to conduct pre-primary schools forchildren above the age of three years in the Anganwadi centres. Moreover,as specifically laid down in the aforesaid Government Resolution, it isthe duty of AWWs to provide a pleasant educational environment atAnganwadi centres. It is also the duty of AWWs to assess the growth ofchildren and make entries in the booklet titled “My Growth Story”. Thus,Anganwadi centres are also running pre-primary schools for children inthe age group of 3 to 6 years. The educational activity of running pre-school is an integral part of Anganwadi centres. AWWs and AWHswho are managing the Anganwadi centres have a duty to look afterpre-primary schools as well. We may also note here that on 8[th] March2018, the Government of India has launched the National NutritionMission by the name “The Prime Minister’s Overarching Scheme forHolistic Nourishment”. The responsibility of implementing a part ofthe scheme is of the Anganwadi centres. Under the National EducationPolicy, 2020, there is a proposal to make available Early ChildhoodCare and Education (ECCE) to children having socio-economicdisadvantaged backgrounds. It is provided that ECCE will be extendedthrough Anganwadi centres.

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780SUPREME COURT REPORTS

ATHE DECISION IN THE CASE OF AMEERBI

16. In the case of Ameerbi (supra), this Court dealt with theissue whether AWWs and AWHs were holding civil posts. The issuewas whether the original applications filed by AWWs before the StateTribunal established under the Administrative Tribunals Act, 1985 weremaintainable. This Court held that the posts of AWWs were not statutoryBposts and the same have been created in terms of ICDS. Therefore,there was no relationship of employer and employee between the StateGovernment and AWWs. It was held that the AWWs do not carry onany function of the State. It was observed that no Recruitment Ruleshave been framed for appointing AWWs. Much water has flown afterCthe decision in the case of Ameerbi (supra)was rendered in the year2007. When the said decision was rendered by this Court, the 2013 Actwas not on the statute book. As noted earlier, the Anganwadi centresestablished under ICDS have been given statutory status under the 2013Act. Moreover, under Sections 4, 5 and 6 of the 2013 Act, the Anganwadicentres perform statutory duties under the 2013 Act. I have alreadyDreferred to the Government Resolution of the Government of Gujaratdated 25[th] November 2019 in extenso.

17. The Resolution incorporates the said Rules which lay downselection criteria, educational qualifications, the process of selection, etc.of AWWs and AWHs. Under the said Rules, a detailed process of makingEappointments of AWWs and AWHs has been incorporated. It alsoincorporates the marking system for the selection of AWWs and AWHs.The said Rules provide that the AWWs and AWHs will continue in theservice till the age of 58 years. Even the minimum and maximum age ofthe candidates for participating in the process of recruitment has beenlaid down. There are provisions made for the termination of services ofFAWWs and AWHs. Though the said rules refer to their service ashonorary service, the use of the word “honorary” is not determinative ofthe status of AWWs and AWHs.

18. In view of the provisions of the 2013 Act and Section 11 of theRTE Act, Anganwadi centres also perform statutory duties. Therefore,Geven AWWs and AWHs perform statutory duties under the saidenactments. The Anganwadi centres have, thus, become an extendedarm of the Government in view of the enactment of the 2013 Act andthe Rules framed by the Government of Gujarat. The Anganwadi centreshave been established to give effect to the obligations of the State definedunder Article 47 of the Constitution. It can be safely said that the postsHof AWWs and AWHs are statutory posts.

19. As far as the State of Gujarat is concerned, the appointmentsof AWWs and AWHs are governed by the said Rules. In view of the2013 Act, AWWs and AWHs are no longer a part of any temporaryscheme of ICDS. It cannot be said that the employment of AWWs andAWHs has temporary status. In view of the changes brought about bythe 2013 Act and the aforesaid Rules framed by the Government ofGujarat, the law laid down by this Court in the case of Ameerbi will notdetain this Court any further from deciding the issue. For the reasonsstated above, the decision in the case of Ameerbi will not have anybearing on the issue involved in these appeals.

PLIGHT OF AWWs AND AWHs

20. AWWs and AWHs have been assigned all-pervasive duties,which include identification of the beneficiaries, cooking nutritious food,serving healthy food to the beneficiaries, conducting pre-school for thechildren of the age group of 3 to 6 years, and making frequent homevisits for various reasons. Implementation of very important andinnovative provisions relating to children, pregnant women as well aslactating mothers under the 2013 Act has been entrusted to them. It isthus impossible to accept the contention that the job assigned to AWWsand AWHs is a part-time job. The Government Resolution dated 25[th]November 2019, which prescribes duties of AWWs and AWHs, doesnot lay down that their job is a part-time job. Considering the nature ofduties specified thereunder, it is full-time employment. In the State ofGujarat, AWWs are being paid monthly remuneration of only Rs.7,800/- and AWHs are being paid monthly remuneration of only Rs.3,950/-.AWWs working in mini-Anganwadi centres are being paid a sum ofRs.4,400/- per month. The important tasks of providing food security tochildren in the age group of 6 months to 6 years, pregnant women aswell as lactating mothers have been assigned to them. In addition, thereis a duty to render pre-school education. For all this, they are being paidvery meagre remuneration and paltry benefits under an insurance schemeof the Central Government. It is high time that the Central Governmentand State Governments take serious note of the plight of AWWs andAWHs who are expected to render such important services to the society.

APPLICABILITY OF THE PROVISIONS OF THE 1972ACT TO AWWs AND AWHs

21. Now, I turn to the provisions of the 1972 Act. Sub-sections (3)and (3A) of the 1972 Act deal with the applicability of its provisions.Sub-sections (3) and (3A) of Section 1 reads thus:

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A“(3) It shall apply to -

(a) every factory, mine, oilfield, plantation, port and railwaycompany; (b) every shop or establishment within the meaning of anylaw for the time being in force in relation to shops andBestablishments in a State, in which ten or more persons areemployed, or were employed, on any day of the precedingtwelve months;

(c) such other establishments or class of establishments, in whichten or more employees are employed, or were employed, on anyday of the preceding twelve months, as the Central GovernmentCmay, by notification, specify in this behalf.

[(3A) A shop or establishment to which this Act has becomeapplicable shall continue to be governed by this Act, notwithstandingthat the number of persons employed therein at any time after ithas become so applicable falls below ten.]”

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22. Reliance has been placed by the appellants on clause (b) ofSection 1(3) and in the alternative, on clause (c). Clause (b) of Section1(3) applies to every shop or establishment within the meaning of anylaw for the time being in force in relation to the shops and establishmentsEin a State in which ten or more persons are employed or were employedon any day of the preceding twelve months.

23. Though, during the course of submissions, reliance was firstplaced on the Gujarat Act as applicable to the State of Gujarat, by theGujarat Shops and Establishments (Regulation of Employment andConditions of Service) Act, 2019, the Gujarat Act has been repealed.F

24. Now, the question is whether clause (b) of Section 1(3) of the1972 Act will apply. This Court in the case of the Labour Court,Jullunder (supra) has given a wide interpretation to clause (b). Inparagraph 3 of the said decision, this Court held thus:

“3. In this appeal, the learned Additional Solicitor General contendsGon behalf of the appellant that the Payment of Gratuity Act, 1972cannot be invoked by the respondents because the Project doesnot fall within the scope of Section 1(3) of that Act. Section 1(3)provides that the Act will apply to:

(a) every factory, mine, oilfield, plantation, port and railwayHcompany; (b) every shop or establishment within the meaning of anylaw for the time being in force in relation to shops and establishmentsin a State, in which ten or more persons are employed, or wereemployed, on any day of the preceding twelve months;

(c) such other establishments or class of establishments, inwhich ten or more employees are employed, or were employed,on any day of the preceding twelve months, as the CentralGovernment may, by notification, specify in this behalf.”

According to the parties, it is clause (b) alone which needs to beconsidered for deciding whether the Act applies to the Project.The Labour Court has held that the Project is an establishmentwithin the meaning of the Payment of Wages Act, Section 2(ii)(g)of which defines an “industrial establishment” to mean any“establishment in which any work relating to the constructiondevelopment or maintenance of buildings, roads, bridges or canals,relating to operations connected with navigation, irrigation or thesupply of water, or relating to the generation, transmission anddistribution of electricity or any other form of power is being carriedon”. It is urged for the appellant that the Payment of WagesAct is not an enactment contemplated by Section 1(3)(b) ofthe Payment of Gratuity Act. The Payment of Wages Act, itis pointed out, is a Central enactment and Section 1(3)(b),it is said, refers to a law enacted by the State Legislature.We are unable to accept the contention. Section 1(3)(b)speaks of “any law for the time being in force in relation toshops and establishments in a State”. There can be nodispute that the Payment of Wages Act is in force in theState of Punjab. Then, it is submitted, the Payment of WagesAct is not a law in relation to “shops and establishments”.As to that, the Payment of Wages Act is a statute which,while it may not relate to shops, relates to a class ofestablishments, that is to say, industrial establishments. Butit is contended, the law referred to under Section 1(3)(b)must be a law which relates to both shops andestablishments, such as the Punjab Shops and CommercialEstablishments Act, 1958. It is difficult to accept thatcontention because there is no warrant for so limiting themeaning of the expression “law” in Section 1(3)(b). Theexpression is comprehensive in its scope, and can mean a A

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Alaw in relation to shops as well as, separately, a law inrelation to establishments, or a law in relation to shops andcommercial establishments and a law in relation to non-commercial establishments. Had Section 1(3)(b) intendedto refer to a single enactment, surely the appellant wouldhave been able to point to such a statute, that is to say, aBstatute relating to shops and establishments, bothcommercial and non-commercial. The Punjab Shops andCommercial Establishments Act does not relate to all kindsof establishments. Besides shops, it relates to commercialestablishments alone. Had the intention of Parliament been,Cwhen enacting Section 1(3)(b), to refer to a law relating tocommercial establishments, it would not have left theexpression “establishments” unqualified. We have carefullyexamined the various provisions of the Payment of GratuityAct, and we are unable to discern any reason for giving thelimited meaning to Section 1(3)(b) urged before us on behalfDof the appellant. Section 1(3)(b) applies to everyestablishment within the meaning of any law for the timebeing in force in relation to establishments in a State. Suchan establishment would include an industrial establishment withinthe meaning of Section 2(ii)(g) of the Payment of Wages Act.EAccordingly, we are of opinion that the Payment of Gratuity Actapplies to an establishment in which any work relating to theconstruction, development or maintenance of buildings, roads,bridges or canals, or relating to operations connected withnavigation, irrigation or the supply of water, or relating to thegeneration, transmission and distribution of electricity or any otherFform of power is being carried on. The Hydel Upper Bari DoabConstruction Project is such an establishment, and the Paymentof Gratuity Act applies to it.”

(emphasis supplied)

Hence, ‘establishments’ contemplated by clause (b) can beGestablishments within the meaning of any law for the time being in force ina State in relation to establishments. Therefore, I have examined the lawsin relation to establishments which are in force in the State of Gujarat.

25. I may refer to the provisions of the Contract Labour (Regulationand Abolition) Act, 1970 (for short “the Contract Labour Act”). EstablishmentsHhave been defined in clause (e) of Section 2 which reads thus :

“(e)”establishment” means-

(i) any office or department of the Government or a local authority,or -

(ii) any place where any industries, trade, business, manufactureor occupation is carried on.”

The Contract Labour Act is applicable to establishments asprovided in sub-section (4)(a) of Section 1. In view of sub-section (2) ofSection 1, the Contract Labour Act is applicable to the State of Gujarat.Therefore, it is legislation in relation to establishments in the State ofGujarat. As stated above, under the said Rules, now the selection andappointments of AWWs and AWHs are being made by the Governmentof Gujarat. An officer of the said Government is empowered to issue anorder of termination of employment of AWWs and AWHs. As statedearlier, Anganwadi centres have become an extended arm of theGovernment. Now, it operates as an establishment or a wing of theGovernment. The remuneration to AWWs and AWHs is paid by theState Government. However, the State Government gets contributionsfrom the Central Government. Moreover, it can always be said thatoccupation is carried out in the establishments of Anganwadi centres.Hence, Anganwadi Centre is an establishment within the meaning ofclause (e) of Section 2 of the Contract Labour Act.

26. The Code of Wages, 2019 is an enactment that received theassent of the President on 8[th] August 2019. However, only a fewprovisions therein have been brought into force so far. Clause (m) ofSection 2 thereof defines establishment which means any place whereany industry, trade, business, manufacture, or occupation is carried outand it includes the Government establishments. There is a similar definitionof establishment under clause 29 of Section 2 of the Code on SocialSecurity, 2020 which received the assent of the President on 28[th]September 2020. These provisions show the legislative intent to includethe various Government establishments in the category of establishmentsin the welfare statutes.

27. It is not the case of the State Government that every Anganwadicentre is a separate entity. Anganwadi centres and Mini Anganwadicentres are a part of the Anganwadi establishment of the StateGovernment. The Anganwadi centres have been employing ten or moreAWWs and AWHs in the State. Therefore, I have no manner of doubt A

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Athat Anganwadi centres are establishments contemplated by clause (b)of sub-section (3) of Section 1 of the 1972 Act. The learned AdditionalSolicitor General relied upon a decision of this Court in Bangalore TurfClub (supra). It was a case arising out of the Employees’ State InsuranceAct, 1948. The said Act does not define “establishment”. The decisionhas no relevance in this case.B

28. Clauses (e), (f), and (s) of Section 2 of the 1972 Act whichdefine ‘employee’, ‘employer’ and ‘wages’ are relevant. The same readthus:

“(e)”employee” means any person (other than an apprentice)Cwho is employed for wages, whether the terms of such employmentare express or implied, in any kind of work, manual or otherwise,in or in connection with the work of a factory, mine, oilfield,plantation, port, railway company, shop or other establishment towhich this Act applies, but does not include any such person whoholds a post under the Central Government or a State GovernmentDand is governed by any other Act or by any rules providing forpayment of gratuity; (f)”employer” means, in relation to any establishment, factory,mine, oilfield, plantation, port, railway company or shop: - E(i) belonging to, or under the control of, the Central Governmentor a State Government, a person or authority appointed by theappropriate Government for the supervision and control ofemployees, or where no person or authority has been so appointed,the head of the Ministry or the Department concerned, F(ii) belonging to, or under the control of, any local authority, theperson appointed by such authority for the supervision and controlof employees or where no person has been so appointed, the chiefexecutive officer of the local authority.

(iii) in any other case, the person, who, or the authority which, hasGthe ultimate control over the affairs of the establishment, factory,mine, oilfield, plantation, port, railway company or shop, and wherethe said affairs are entrusted to any other person, whether called amanager, or managing director or by any other name, such person; (s) “wages” means all emoluments which are earned by anHemployee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payableto him in cash and includes dearness allowance but does not includeany bonus, commission, house rent allowance, overtime wagesand any other allowance.”

29. The definition of ‘wages’ is very wide. It means all emolumentswhich are earned by an employee on duty. Thus, the honorarium paid toAWWs and AWHs will also be covered by the definition of wages. AsAWWs and AWHs are employed by the State Government for wages inthe establishments to which the 1972 Act applies, the AWWs and AWHsare employees within the meaning of the 1972 Act. In view of the saidRules of the Gujarat Government, the Anganwadi centres are not underthe control of the Central Government. Therefore, the State Governmentwill be an appropriate Government within the meaning of clause (a) ofSection 2 of the 1972 Act. Accordingly, a personor authority appointedby the appropriate Government for the supervision and control of AWWsand AWHs will be the employer within the meaning of clause (f) ofSection 2.

30. I may add here that the Government of India by a notificationdated 3[rd] April 1997 has notified educational institutions as establishmentsunder clause (c) of sub-section (3) of Section 1 of the 1972 Act. In theAnganwadi centres, the activity of running a pre-school for the childrenin the age group of 3 to 6 years is being conducted. It is purely aneducational activity. The job of teaching is done by AWWs and AWHs.The State Government is running pre-schools in Anganwadi centres inaccordance with Section 11 of the RTE Act.

31. For the reasons recorded above, I have no manner of doubtthat the 1972 Act will apply to Anganwadi centres and in turn to AWWsand AWHs. In the impugned Judgment, the Division Bench was swayedby the view taken by this Court in the case of Ameerbi which wasfollowed by the Delhi High Court in the case of Akhil BhartiyaAnganwadi Kamgar Union (Regd.) (supra). These decisions, for thereasons recorded earlier, have no bearing on the issue involved in theseappeals. The learned Single Judge was right in holding that the 1972 Actwas applicable to AWWs and AWHs. The Controlling Authority hasgranted simple interest at the rate of 10% on the overdue gratuityamounts. All eligible AWWs and AWHs shall be entitled to the benefit ofinterest.

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A32. Hence, I allow the appeals and set aside the impugned Judgmentdated 8[th] August 2017 of the Division Bench of Gujarat High Court andrestore the Judgment of the learned Single Judge dated 6[th] June 2016 inSpecial Civil Application no. 1219 of 2016 and other connected cases byholding that the provisions of the 1972 Act apply to AWWs and AWHsworking in Anganwadi centres. Within a period of three months fromBtoday, necessary steps shall be taken by the concerned authorities in theState of Gujarat under the 1972 Act to extend benefits of the said Act tothe eligible AWWs and AWHs. We direct that all eligible AWWs andAWHs shall be entitled to simple interest @ 10% per annum from thedate specified under sub-section 3A of Section 7 of the 1972 Act.C

AJAY RASTOGI, J.

1. I have had the advantage of going through the judgment pennedby my brother Abhay S. Oka, J. I entirely agree with the conclusionsDwhich my erudite Brother has drawn, based on the remarkable processof reasoning. I wish to add few lines and express my views not becausethe judgment requires any further elaboration but looking for the questionof law that emerged of considerable importance.

2. The moot question which has been raised in the instant appealsEfor our consideration indeed is a question which may not only determinethe rights of the contesting appellants working as Anganwadi workers/helpers who are discharging a pivotal role in the society at the grassrootlevel and are the role model of the ICDS scheme which is one of theextended arm of the Ministry of Women and Child Development, at thegiven time, it may also give a thought process to the Legislature to considerFas to whether the applicability of gratuity being a social security measure,be extended to the employees who served the establishment in anorganized or unorganized sector and, in one way or the other, contributingin the sustainable development of the nation.

3. Looking to the large number of persons working in the organized/Gunorganized sector by passage of time, different social security legislationshave been introduced in this largest democratic country, which can bedivided into two broad categories, namely, the contributory and non-contributory. The contributory laws are those which provide for financingof the social security programmes by contributions paid by employeesHand employers and in some cases supplemented by contributions/grants from the Government. At the same time, we have major non-contributorylaws such as the Employee’s Compensation Act, 1923, the MaternityBenefit Act, 1961 and the Payment of Gratuity Act, 1972 with which weare presently concerned.

4. When we talk about social security legislations, two broadcategories are social insurance legislation and social assistance legislation.In social insurance, benefits are generally made available to the insuredpersons under the condition of having paid the required contributionsand fulfilling certain eligibility conditions and as regards social assistance,the beneficiaries receive benefits as a matter of right, but they do nothave to make any contributions and to support thereof, the finance ismade available either by the State or a source provided by the State/Central Government.

5. Before the enactment of the Payment of Gratuity Act, 1972(hereinafter referred to as “Act, 1972”), there were two State Lawsproviding for payment of gratuity. These were the Kerala IndustrialEmployees’ Payment of Gratuity Act, 1970 and the West BengalEmployees’ Payment of Gratuity Act, 1971. The question of having acentral legislation on the subject was discussed at length in the LabourMinister’s Conference held on many occasions and after generalconsensus was reached, the Central Legislation was enacted in the formof The Payment of Gratuity Act, 1972, which was brought into force on16[th] September, 1972.

6. When we talk about the mandate of the Act 1972, if one looksinto the scheme in a holistic manner, gratuity is a reward for good, efficientand faithful service rendered for a considerable period and the employeewho remains in continuous service for 5 years or more includingsuperannuation/retirement/resignation/untimely death becomes qualifiedto claim gratuity in terms of the computation as has been provided underSub-section (2) of Section 4 of the Act, 1972 which covers in its fold, thelarge sector of organized/unorganized workers/employees who areemployed in various class of establishments covered under Section 1(3)(a)& (b) and also notified by the Central Government under Section 1(3)(c) of the Act 1972. Such of the employees working under the establishmentsreferred to under Section 1(3) (a),(b) and (c ), as the case may be, shallbe eligible to claim payment of gratuity in terms of Section 4 of the Act,1972 and so far as the term ‘wages’ defined under Section 2( s) of theAct 1972 is concerned, it appears to be only for the purpose of computation A

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Aas provided under Sub-section (2) of Section 4 of the Act and withholdingof gratuity is not permissible under any circumstances other than thoseenumerated under Sub-section (6) of Section 4 of the Act, 1972. Theemployee defined under Section 2(e) has a right to claim gratuity as astatutory right while working in the establishment covered under Section1(3) of Act 1972. Section 1(3) and 2(e) and 2(s) of Act, 1972 relevantBfor the purpose are referred to as under:- “1(3) It shall apply to –

(a) every factory, mine, oilfield, plantation, port and railwaycompany; C(b) every shop or establishment within the meaning of any law forthe time being in force in relation to shops and establishments in aState, in which ten or more persons are employed, or wereemployed, on any day of the preceding twelve months;

(c) such other establishments or class of establishments, in whichten or more employees are employed, or were employed, or, anyDday of the preceding twelve months, as the Central Governmentmay, by notification, specify in this behalf.

2. Definitions. – In this Act, unless the context otherwise requires, - E………………

(e) “employee” means any person (other than an apprentice) whois employed for wages, whether the terms of such employmentare express or implied, in any kind of work, manual or otherwise,or in connection with the work of a factory, mine, oilfield, plantation,port, railway company, shop or other establishment to which thisFAct applies, but does not include any such person who holds apost under the Central Government or a State Government and isgoverned by any other Act or by any rules providing for paymentof gratuity.

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(s) “wages” means all emoluments which are earned by anemployee while on duty or on leave in accordance with the termsand conditions of his employments and which are paid or arepayable to him in cash and includes dearness allowance but doesnot include any bonus, commission, house rent allowance, overtimeHwages and any other allowance.”

7. Act, 1972 on the genre of statutes like The Minimum WagesAct, Employees State Insurance Act, etc. is a welfare measure to securesocial and economic justice to employees to assist them in old age and toensure them a decent standard of life on retirement.

8. Derived from a Latin word ‘Gratuitas’, the term Gratuity meansa ‘Gift.’ In the industrial sector, gratuity is considered as a gift from theemployers to their employees. Gratuity is a lump sum payment paid byan employer to the employee for his/her past dedicated services. It is agesture to appreciate the efforts of a person towards the betterment,development and prosperity of an establishment and that is the reasonfor which gratuity is considered to be a social security, and with passageof time, it has become a statutory obligation on the part of employers.

9. Thus, gratuity, as a social welfare legislation, its effectiveimplementation is of paramount importance to fulfil the legitimateexpectation of the employees. So far as the unorganized sectors areconcerned, these Acts have been pillars in social security and laid thefoundation for improvement in standards of living of the employees.

10. The Act 1972 is a social security legislation to wage earningpopulation in industries, factories and establishments, etc. Therefore,considering the inflation and wage increase even in case of employeesengaged in private sector, the Government decided that the entitlement ofgratuity should be revised in respect of employees who are covered underAct, 1972 and accordingly, the Government initiated the process foramendment to Act, 1972 to increase the maximum limit of gratuity to suchamount as may be notified by the Central Government from time to time.

11. This will indeed ensure harmony amongst employees in theprivate sector and in Public Sector Undertakings/AutonomousOrganizations under Government who are not covered under CCS(Pension) Rules. These employees will be entitled to receive higheramount of gratuity may not be at par with their counterparts inGovernment sector.

12. That appears to be the reason for which amendments aremade in the year 2007 to widen the definition of the term “employee”and to bring under its fold the large number of employees working invarious establishments employed for wages or in any kind of work or inconnection with the work of a factory, mine, oilfield, plantation, port,railway company, shop or any other establishment. Even by laternotification, teachers have also been held eligible to claim gratuity.

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A13. When social security legislations are being interpretated, italways has to be interpreted liberally with a beneficial interpretation andhas to be given the widest possible meaning which the language permits,known as Beneficial Interpretation. When a statute is meant for thebenefit of a particular class and if a word in the statute is capable of twomeanings, i.e., one which would preserve the benefits and one whichBwould not, then the former is to be adopted.

14. Maxwell on Beneficial Construction holds the following:

“The construction of a statute must not strain the words as toinclude cases plainly omitted from the natural meaning of thelanguage. Nevertheless, even where the usual meaning of theCwords falls short of the object of the legislature, a more extendedmeaning will be attributed to them if they are fairly susceptible toit. The relaxation of strictly literal rule of interpretation is knownas beneficial construction.”

15. This Court had an occasion to examine discussions in detailDabout constructive and welfare legislations. The judgment in State Bankof India Vs. Shri N. Sundara Money[1] followed with Bangalore WaterSupply and Sewerage Board Vs. A. Rajappa and others[2]; Sant RamVs. Rajinder Lal and others[3] and later the Constitution Bench in SteelAuthority of India Ltd. and others Vs. National Union WaterfrontWorkers and others[4] are the exposition of law on the subject.E

16. When we examine the judicial precedents while interpretingthe Act 1972, we come across certain judgments of this Court in Stateof Punjab Vs. Labour Court, Julludur and others[5]; AhmedabadPrivate Primary Teachers’ Association Vs. Administrative Officerand others[6]; Jaya Bachchan Vs. Union of India and others[7]; StateFof Karnataka and others Vs. Ameerbi and others[8] and Birla Instituteof Technology Vs. State of Jharkhand and others[9] may be in thedifferent context.

1 1976(1) SCC 822G2 1978(2) SCC 2133 1979(2) SCC 2744 2001(7) SCC 15 1980(1) SCC 46 2004(1) SCC 7557 2006(5) SCC 2668 2007(11) SCC 681H9 2019(4) SCC 513

17. While adverting to the facts of the instant cases, it manifestsfrom the record that the five appellants joined as Anganwadi workers/helpers between the period 1982-1985 and served for 21-31 years andstood retired between February 2006 and February 2012. When gratuitywas not paid to them, each of them filed their applications before theprescribed authority. After taking note of the claim of each of theappellants, the prescribed authority held in their favour with a directionto the respondents to pay gratuity in terms of the procedure forcomputation referred to under Section 4 of the Act 1972. The order ofthe prescribed authority under the Act, 1972 came to be confirmed bythe appellate authority and also by the learned Single Judge of the HighCourt vide judgment dated 6[th] June, 2016 but the finding returned by thelearned Single Judge came to be reversed by the Division Bench of theHigh Court under the impugned judgment primarily relying on the judgmentof this Court in Ameerbi (supra). The details of each of the appellantwho had served in Anganwadi workers/helpers are reproduced below:-

18. This Court took a judicial notice that after the incumbent hasserved for 21-31 years but because of the wages being admissible at therelevant time being Rs. 1000/- or Rs. 1250/- per month, the amountwhich has been computed towards gratuity in terms of the provisions ofthe Act 1972 is only into thousands of rupees.

19. The role of Anganwadi workers (AWW) and Anganwadihelpers (AWH) is not only at war against malnutrition but have played a A

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Apivotal and significant role during the Covid-19 pandemic which was theunprecedented health war faced by the nation in responding to the variouschallenges posed. These frontline women workers are the backbone ofthe ICDS. The ICDS scheme was introduced on 2[nd] October, 1975 andby this time has successfully completed its journey of 47 years andestablished its roots. The record shows that ICDS is the world’s largestBprogramme for early childhood care and development, covering over158 million children as per 2011 census, and pregnant and lactatingmothers in the country. If we go as per the statistics as of June 2018,there were 1.36 million functional Anganwadi centres spread across allthe districts in the country. These districts are staffed by frontline healthCstaff: one Anganwadi worker and one Anganwadi helper. Majority ofthese centres are located in difficult terrains and these women have totrek for kilometres every day to discharge their duties. In the pandemic,these workers took the additional duty to home-deliver ration to ICDSbeneficiaries and also educate rural people about dos and dont’s ofcoronavirus and prepare a list of outsiders visiting the villages.D

20. ICDS scheme is not just a welfare scheme but a means ofprotecting the rights of children under six- including their right to nutrition,health and joyful learning and rights of pregnant and lactating mothers.The survival, well-being and rights of children become social issues ofinterest to the whole community and not just to the mothers of the familiesEconcerned. “Socialised childcare” also contributes to the liberation ofwomen: it lightens the burden of looking after children, provides a potentialsource of remunerated employment for women and gives them anopportunity to build women’s organizations. In light of these richcontributions of childcare to social progress, ICDS deserves far greaterFattention in public policy since ICDS acts as an institutional mechanismfor realization of child and women rights. Yet these services are regardedas State largesse rather than as enforceable entitlements.

21. If we take a holistic view of the matter, extending social securityto the early child care and development of millions of children of thisGcountry, health and nutrition services to children is a good investment.The study indicates that returns to child nutrition are quite high, or atleast can be quite high in this country. Thus, ICDS is an extended arm ofthe Ministry of Women and Child Development and their nature ofservices been provided to a common man must be acknowledged by thelegislation.H

22. The National Family Health Survey (2005-06) indicates that48% of children under five are stunted and 43% are underweight fortheir age. There is a worldwide consensus among psychologists,educationists, pediatricians and sociologists regarding the significanceof early years of life for the optimum development of child. Early childhoodis a time of remarkable brain development that lays the foundation forlater learning and any damage or impoverishment suffered at this stageis likely to be irreparable. These are years of extreme vulnerability andtremendous potential during which adequate protection, care andstimulation are essential to provide the foundation for the child’s well-being and development. A lack of adequate nutrition and proper carehas irreversible consequences. Poor nutrition has a negative impact onschool enrollment and readiness. Undernourished children are less likelyto enroll in school and would drop out, if enrolled. A severe or chroniclack of essential nutrients in childhood impairs language, motor andsocioemotional development. In addition, extending the provision of safedrinking water and proper sanitation would reduce infant and childmortality drastically.

23. When we talk about fundamental rights and rights of childrenunder six years, recognizing the significance of child-care and developmentin realizing the goal of national progress, the Founding Parents enactedseveral provisions concerning welfare and development of children,especially in Parts III and IV of the Constitution. The Fundamental Rightsand Directive Principles of State Policy have provided an inspiration toall legislations concerning child welfare, education and development.

24. Article 15(3) provides for affirmative action for women andchildren and is of great significance under which several beneficial lawsand programmes have been passed. Jurisprudence developed by passageof time under Article 21 of the Constitution by this Court underlines theprimary importance of early childhood developments. As right to food,nutrition and health have been judicially crafted as being part and parcelof the Right to Life to which every citizen, including a child is entitled to.It is taking this approach that right to free education up to the age of 14years was read into Article 21 by this Court in Unni Krishnan J.P. andothers Vs. State of Andhra Pradesh and others[10].

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A25. This Court, while creating such right made an importantobservation that Right to Life has to be read in light of Directive Principlesof State Policies, viz. Articles 41, 45 and 46, eventually, give specificityof the needs of children under six, and the value of having a positiveright ensuring to the child the right to full development, Article 21-A wasinserted through the 86[th] Amendment Act, 2002 in the Constitution,Brecognising the fundamentality of the right to education for childrenbetween the age group of six to fourteen. Although the 86th Amendmentbrought a Directive Principle of State Policy, ignored until now, withinthe folds of Part III of the Constitution, it excluded children below theage of six, thus denying them education for proper growth andCdevelopment.

26. When we talk of national development, their concerns wereamply reflected in the enactment of Articles 39(e) and (f) of theConstitution. These two provisions provide for health care and protectionof its citizens, including children. While Article 39(e) stipulates that theDState shall direct its policy towards securing “that the health and strength

of workers, men and women and the tender age of children are notabused” and “that the citizens are not forced by economic necessity toenter avocations unsuited to their age or strength”. At the same time,Article 39(f) requires the State to ensure that “the children are givenopportunities and facilities to develop in a healthy manner and in conditionsEof freedom and dignity and that the childhood and youth are protectedagainst exploitation and against moral and material abandonment.”

27. Article 45 provides that “the State shall endeavor to provideearly childhood care and education for all children until they completethe age of six years”. This provision makes the right to early childhoodFcare and education an explicit Constitutional Objective, which can befurther supported by later enactment in October 2010, i.e., the Right ofChildren to Free and Compulsory Education Act, 2009 (RTE), that cameto be introduced “with a view to prepare children above the age of threeyears for elementary education and to provide early childhood care andGeducation for all children until they complete the age of six years, theappropriate Government may make necessary arrangement for providingfree pre-school education for such children”.

28. Health and nutrition are other sectors which are also primaryarea for young child. The right to nutrition and healthcare in factHconstitutes the most basic and fundamental right of children. Absence of legally enforceable entitlements makes children especially under-six morevulnerable to neglect and discrimination.

29. At the same time, health, especially the reproductive health ofthe mother and the health of the infant child are closely related.Recognizing this close relationship, this Court in a petition (popularlyknown as petition for right to food) filed by the PUCL held Central andState Government responsible for providing ICDS services includingsupplementary nutrition, nutrition and health, education, etc. not only toevery child under the age of six but to pregnant women and lactatingmothers as well – a clear endorsement of binding relation of mother andchild’s health.

30. Further recognizing the special needs of pregnant and lactatingmother and its relation to child’s health, which has been acknowledgedand recognized under Section 4 of the National Food Security Act, 2013wherein provisions have been made entitling such women to “meal, freeof charge during pregnancy and six months after the child-birth, throughlocal Anganwadi, so as to meet the nutritional standards specified inSchedule II of the Act.”

31. The vision of ICDS scheme is to empower women living withdignity to contribute as equal partners in development in an environmentfree from violence and discrimination along with well nurtured childrenwith full opportunities for growth and development in a safe and protectiveenvironment.

32. The mission and mandate of the scheme of ICDS is to promotesocial and economic empowerment of women through cross-cuttingpolicies and programmes, mainstreaming gender concerns, creatingawareness about their rights and facilitating institutional and legislativesupport for enabling them to realize their human rights and develop totheir full potential. The second is to ensure development, care andprotection of children through cross-cutting policies and programmes,spreading awareness about their rights and facilitating access to learning,nutrition, institutional and legislative support for enabling them to growand develop to their full potential.

33. When we go further and take note of ICDS schemeimplemented through Anganwadis, a pivotal role is being played byAnganwadi workers and Anganwadi helpers, by taking care of childrenin the age group 0-6 years, which, as already observed, constitutes around AB

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A158 million children as per 2011 census. These children are the futurehuman resource of the country. The Ministry of Women and ChildDevelopment is implementing various schemes for welfare, developmentand protection of children.

34. ICDS Scheme is one of the flagship programmes of theBGovernment of India and represents one of the world’s largest and uniqueprogrammes for early childhood care and development. It is the foremostsymbol of country’s commitment to its children and nursing mothers, asa response to the challenge of providing pre-school non-formal educationon one hand and breaking the vicious cycle of malnutrition, morbidity,reduced learning capacity and mortality on the other. The beneficiariesCunder the Scheme are children in the age group of 0-6 years, pregnantwomen and lactating mothers.

35. The objectives of the Scheme are:

•to improve the nutritional and health status of children inDthe age-group 0-6 years; •to lay the foundation for proper psychological, physical andsocial development of the child; •to reduce the incidence of mortality, morbidity, malnutritionand school dropout; E

•to achieve effective co-ordination of policy andimplementation amongst the various departments to promotechild development; and •to enhance the capability of the mother to look after thenormal health and nutritional needs of the child throughFproper nutrition and health education.

36. If we examine the role of Anganwadi workers/helpers, in thecontext of community support and participation, they have played asignificant role in facilitating child nutrition. A conjoint reading of Sections3, 4, 5, 6 & 7 of the National Food Security Act, 2013 would unerringlyGpoint to the fact that effective implementation of the aforementionedprovisions of the Act largely depends on the Anganwadis, which are runby Anganwadi workers/helpers, etc., who are village level workers/wardlevel workers and in charge for delivery of the various services envisagedunder the Act.

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MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENTOFFICER DAHOD [AJAY RASTOGI, J.]

37. Their daily tasks include taking responsibility for pre-schoolactivities for children in the age group of 3-6 years, arrangingsupplementary nutritional food for children of age group 6 months to 6years and expectant and nursing mothers, giving health and nutritioneducation to mothers, making home visits for educating parents, elicitingcommunity support and participation, assisting the Primary Health CentreStaff in implementation of immunization, among others.

38. Anganwadi workers/helpers are the key facilitators of childnutrition initiatives at the ground level and involved in performing thework of dissemination, publicity, building awareness, and implementationof various schemes of the Government. No wonder, the strength ofAnganwadi Centres has increased manifold by passage of time in thecountry.

39. Anganwadi workers/helpers also function as a bridge betweenthe Government and the targeted beneficiaries in delivering a bouquet ofservices stipulated under the NFSA. They work in proximate quarterswith the beneficiaries and their services are utilized by the respectiveState Governments for a wide range of activities - be it survey, promotionof small savings, providing health care, group insurance, or non-formaleducation.

40. If we look towards the problems plaguing the Anganwadiworkers/helpers, the first and foremost, they are not holders of civilposts due to which they are deprived of a regular salary and other benefitsthat are available to employees of the State. Instead of a salary, they getonly a so called paltry ‘honorarium’ (much lower than the minimumwages) on the specious ground that they are part-time voluntary workers,working only for about 4 hours a day.

41. The other argument which has been advanced by the learnedcounsel for the respondents denying them parity with other employees isthat their work is stated to be of a community participation and theirnames are neither sponsored from the employment exchange nor theyare bound by the code of conduct. The further objection raised is thatposts have been filled up without advertisement and there is norequirement to comply with any statutory recruitment rules.

42. It may be relevant to note that the contribution of Anganwadiworkers/helpers at the grassroot level under the ICDS scheme is beingwell acknowledged by the Government of India, Ministry of Women and A

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AChild Development and in the last few years, it has also witnessed notonly an exponential increase in the Anganwadi centres/workers but alsosignificant specific efforts aimed at ensuring quality in the delivery ofservices and community participation. Indeed, the responsibilities of theAnganwadi workers/helpers have tremendously increased which nowrequire to perform multiple tasks ranging from delivery of vital services,Binvolving Community/women’s groups/Mahila Mandals and for ensuringthe effective convergence of various sectoral services. For restructuringand strengthening of ICDS, provisions have been made for rationalizationof appointment of Anganwadi workers as Supervisors which is a cadrepost under the Government.C43. The relevant part of the policy decision dated 15[th] September,2015 is referred to as under:- “The above position has been reviewed keeping in viewthe aspirations of these field functionaries, to encourage theirparticipating in the higher posts vis a vis their merit and to improveDtheir career prospects. The following guidelines on promotion andappointment of AWWs to the posts of Supervisors, in supersessionof earlier guidelines, are conveyed to the States/UTs forcompliance:

(i) The 50% of vacancies in the posts of Supervisors would beEfilled up by promotion from amongst AWWs with 10 yearsof experience as AWWs and having the prescribededucational qualifications as per the Recruitment Rules forthe post of Supervisor, failing which the vacancies wouldbe filled up by direct recruitment; and F(ii)The remaining 50% vacancies in the posts of Supervisorswould be filled up by direct recruitment.

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It is requested that the States/UTs may amend recruitment Rulesfor the posts of Supervisors as per the above guidelines on urgentGbasis and a copy of such Recruitment Rules, after being notified,may be sent to the Ministry.”

44. This appears to be the reason that on acknowledging theirservices on account of an exponential increase in Anganwadi centres/workers which has been recognized by Government of India, theH

opportunities are made available to Anganwadi workers/helpers beingbrought into the mainstream and to become Government employee, witha passage of time.

45. That apart, the Government of Gujarat has also come with acomposite scheme vide its Resolution dated 25[th] November, 2019 layingdown the procedure according to which selections shall be made througha transparent procedure to be followed laying down the eligibility criteria(including academic qualification) according to which the merit list ofthe candidates who had participated in the selection process for post ofAnganwadi workers/helpers shall be made and if any participant/applicantis dissatisfied or aggrieved by the process of selection held by theauthorities, can prefer an appeal to the Committee constituted for thesaid purpose.

46. Further, those who are finally selected and appointed asAnganwadi workers/helpers shall be governed by the Code of Conductand they could also to be terminated, if any misconduct being committedin discharge of duties or on attaining the age of superannuation.

47. Thus, the in-built transparent procedure has been prescribedby the State of Gujarat under its Resolution dated 25[th] November, 2019laying down the mode of selection along with service conditions to beregulated while working as Anganwadi workers/helpers at Anganwadicentres and they shall retire at the age of superannuation. This controlsthe effective working of Anganwadi workers/helpers in variousAnganwadi centres.

48. Learned counsel for the State has given much stress on thehonorarium paid to the Anganwadi workers/helpers. Suffice it to saythat the honorarium is basically the quantum of money offered/conferredto somebody who is especially a professional or a well honoured personfor providing services. It is a voluntary process. However, what is beingpaid to Anganwadi workers/helpers with a nomenclature used by therespondents in projecting the term ‘honorarium’, is in fact the ‘wages’that has been paid for the services rendered at the end of the month. Itis the form of emoluments which is being earned on discharge of duty inaccordance with the terms of employment defined under Section 2(s) ofthe Act 1972.

49. So far as the judgment in Ameerbi (supra) on which the DivisionBench of the High Court has placed reliance is concerned, it was a case A

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Awhere the question raised for consideration was as to whether thosewho are appointed as Anganwadi workers/helpers are holders of civilposts and are entitled to seek protection of Article 311 of the Constitution.In that context, it was held by this Court that they are not holders of civilposts and protection of Article 311 of the Constitution is not availableand that was the reason for which the application which was filed at theBbehest of Anganwadi workers/helpers under Section 15 of theAdministrative Tribunal Act, 1985 was held to be not maintainable.

50. In the instant cases, the question which has been raised forconsideration is limited to the extent as to whether those who are workingas Anganwadi workers/helpers are eligible to claim gratuity under theCprovisions of the Act, 1972.

51. The judgment of Ameerbi (supra) relied upon by the DivisionBench of the High Court and placed by the respondents before thisCourt is of no assistance and has no application so far as the questionraised before us in the instant appeals.D

52. Before parting with the order, I would like to observe that thetime has come when the Central Government/State Governments has tocollectively consider as to whether looking to the nature of work andexponential increase in the Anganwadi centers and to ensure quality inthe delivery of services and community participation and calling uponEAnganwadi workers/helpers to perform multiple tasks ranging fromdelivery of vital services to the effective convergence of various sectoralservices, the existing working conditions of Anganwadi workers/helperscoupled with lack of job security which albeit results in lack of motivationto serve in disadvantaged areas with limited sensitivity towards theFdelivery of services to such underprivileged groups, still being the backboneof the scheme introduced by ICDS, time has come to find out modalitiesin providing better service conditions of the voiceless commensurate tothe nature of job discharged by them.

53. In my considered view, the appeals deserve to succeed andGare accordingly allowed and the impugned judgment dated 8[th] August,2017 of the Division Bench of Gujarat High Court being unsustainable inlaw is hereby set aside.

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Bibhuti Bhushan Bose(Assisted by : Shubhanshu Das, LCRA)