# MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT OFFICER DAHOD & ORS

- **Citation:** [2022] 5 S.C.R. 760
- **Court:** Supreme Court of India
- **Decided:** 2022-04-25
- **Case number:** Civil Appeal No. 3153 of 2022
- **Bench:** Ajay Rastogi, Abhay S. Oka
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/maniben-maganbhai-bhariya-v-district-development-officer-dahod-ors-36449
- **Pages:** 43

## Headnote

Payment of Gratuity Act, 1972 - ss.1(3), 1(3A) and 2 -
Gratuity - Entitlement to - Whether Aganwadi workers (AWWs) and
Aganwadi Helpers (AWHs) appointed to work in Anganwadi centres
set up under the Integrated Child Development Scheme (ICDS)
entitled to gratuity under the 1972 Act - Held (per Abhay S. Oka,
J.): Sub-sections (3) and (3A) of s.1 of 1972 Act, deal with
applicability of its provisions - Clause (b) of s.1(3) applies to every
shop or establishment within meaning of any law for the time being
in force in relation to shops and establishments in a State -
Anganwadi Centres are establishment within meaning of clause (e)
of s.2 of the Contract Labour Act - Anganwadi centres have become
an extended arm of the Government and now, operate as an
establishment or a wing of the Government - They are establishments
contemplated by clause (b) of sub-section (3) of s.1 of the 1972 Act
- Remuneration to AWWs and AWHs is paid by the State Government
- Honorarium paid to AWWs and AWHs is covered by the definition
of wages - As AWWs and AWHs are employed by the State
Government for wages in establishments to which the 1972 Act
applies, the AWWs and AWHs are employees within meaning of the
1972 Act - Provisions of the 1972 Act apply to AWWs and AWHs
working in Anganwadi centres - Held (per Ajay Rastogi, J.)
(Supplementing) - Honorarium paid to Anganwadi workers/helpers
is basically the quantum of money offered /conferred to somebody
who is especially a professional or a well honoured person for
providing services - It is a voluntary process - However, what is
being paid to Anganwadi workers /helpers with a nomenclature
used by the respondents in projecting the term 'honorarium', is in
fact the 'wages' that has been paid for the services rendered at the
end of the month - It is the form of emoluments which is being
earned on discharge of duty in accordance with the terms of
employment defined u/s.2(s) of the 1972 Act - National Food Security
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Act, 2013 - ss. 4, 5 and 6 - Contract Labour (Regulation and
Abolition) Act, 1970 - Public Health - Anganwadi centres.
Public Health - Anganwadi centres - Role of - Duty of the
State to improve the level of nutrition - Held (per Abhay S. Oka,
J.): Apart from Art.47 of the Constitution, India is a signatory to the
Universal Declaration of Human Rights and the International
Covenant on Economic, Social, and Cultural Rights - The said
convention casts responsibilities on all States to recognize the right
of citizens to adequate food - As provided in the Statement of Objects
and Reasons of the 2013 Act, one of its objectives is to improve the
nutritional status of women and children - The object of the 2013
Act was to bring about a shift in addressing the issue of food security
- The approach was changed from the welfare approach to the
rights-based approach - Role of Anganwadi centres finds a place
in the Statement of Objects and Reasons of the 2013 Act -
Constitution of India - Art. 47 - National Food Security Act, 2013
Interpretation of Statutes - Beneficial Interpretation - Held
(per Ajay Rastogi, J.): When social security legislations are being
interpreted, it always has to be interpreted liberally with a beneficial
interpretation and has to be given the widest possible meaning which
the language permits - When a statute is meant for the benefit of a
particular class and if a word in the statute is capable of two
meanings, i.e., one which would preserve the benefits and one which
would not, then the former is to be adopted.
Allowing the appeals, the Court
HELD:
PER ABHAY S. OKA, J.
1. It is the duty of the State to improve the level of nutrition
which is one of the best methods to improve public health.
Anganwadi centres were statutorily recognised under the
National Food Security Act, 2013. Anganwadi centres have been
entrusted with a very vital and significant role in implementing
Sections 4 to 6 of the 2013 Act. It can be said that Anganwadi
centres perform a pivotal role i

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SUPREME COURT REPORTS
[2022] 5 S.C.R.
[2022] 5 S.C.R. 760
760
MANIBEN MAGANBHAI BHARIYA
v.
DISTRICT DEVELOPMENT OFFICER DAHOD & ORS.
(Civil Appeal No. 3153 of 2022)
APRIL 25, 2022
[AJAY RASTOGI AND ABHAY S. OKA, JJ.]
Payment of Gratuity Act, 1972 - ss.1(3), 1(3A) and 2 -
Gratuity - Entitlement to - Whether Aganwadi workers (AWWs) and
Aganwadi Helpers (AWHs) appointed to work in Anganwadi centres
set up under the Integrated Child Development Scheme (ICDS)
entitled to gratuity under the 1972 Act - Held (per Abhay S. Oka,
J.): Sub-sections (3) and (3A) of s.1 of 1972 Act, deal with
applicability of its provisions - Clause (b) of s.1(3) applies to every
shop or establishment within meaning of any law for the time being
in force in relation to shops and establishments in a State -
Anganwadi Centres are establishment within meaning of clause (e)
of s.2 of the Contract Labour Act - Anganwadi centres have become
an extended arm of the Government and now, operate as an
establishment or a wing of the Government - They are establishments
contemplated by clause (b) of sub-section (3) of s.1 of the 1972 Act
- Remuneration to AWWs and AWHs is paid by the State Government
- Honorarium paid to AWWs and AWHs is covered by the definition
of wages - As AWWs and AWHs are employed by the State
Government for wages in establishments to which the 1972 Act
applies, the AWWs and AWHs are employees within meaning of the
1972 Act - Provisions of the 1972 Act apply to AWWs and AWHs
working in Anganwadi centres - Held (per Ajay Rastogi, J.)
(Supplementing) - Honorarium paid to Anganwadi workers/helpers
is basically the quantum of money offered /conferred to somebody
who is especially a professional or a well honoured person for
providing services - It is a voluntary process - However, what is
being paid to Anganwadi workers /helpers with a nomenclature
used by the respondents in projecting the term 'honorarium', is in
fact the 'wages' that has been paid for the services rendered at the
end of the month - It is the form of emoluments which is being
earned on discharge of duty in accordance with the terms of
employment defined u/s.2(s) of the 1972 Act - National Food Security
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Act, 2013 - ss. 4, 5 and 6 - Contract Labour (Regulation and
Abolition) Act, 1970 - Public Health - Anganwadi centres.
Public Health - Anganwadi centres - Role of - Duty of the
State to improve the level of nutrition - Held (per Abhay S. Oka,
J.): Apart from Art.47 of the Constitution, India is a signatory to the
Universal Declaration of Human Rights and the International
Covenant on Economic, Social, and Cultural Rights - The said
convention casts responsibilities on all States to recognize the right
of citizens to adequate food - As provided in the Statement of Objects
and Reasons of the 2013 Act, one of its objectives is to improve the
nutritional status of women and children - The object of the 2013
Act was to bring about a shift in addressing the issue of food security
- The approach was changed from the welfare approach to the
rights-based approach - Role of Anganwadi centres finds a place
in the Statement of Objects and Reasons of the 2013 Act -
Constitution of India - Art. 47 - National Food Security Act, 2013
Interpretation of Statutes - Beneficial Interpretation - Held
(per Ajay Rastogi, J.): When social security legislations are being
interpreted, it always has to be interpreted liberally with a beneficial
interpretation and has to be given the widest possible meaning which
the language permits - When a statute is meant for the benefit of a
particular class and if a word in the statute is capable of two
meanings, i.e., one which would preserve the benefits and one which
would not, then the former is to be adopted.
Allowing the appeals, the Court
HELD:
PER ABHAY S. OKA, J.
1. It is the duty of the State to improve the level of nutrition
which is one of the best methods to improve public health.
Anganwadi centres were statutorily recognised under the
National Food Security Act, 2013. Anganwadi centres have been
entrusted with a very vital and significant role in implementing
Sections 4 to 6 of the 2013 Act. It can be said that Anganwadi
centres perform a pivotal role in discharging the statutory
obligation of the State to provide nutritional support to pregnant
women, lactating mothers and children in the age group of 6
months to 6 years. [Paras 8, 9, 10 and 12][773-F-G; 774-A-B, C;
776-D-E]
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
OFFICER DAHOD
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2. In view of the provisions of the 2013 Act and Section 11
of 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 under
the said enactments. The Anganwadi centres have, thus, become
an extended arm of the Government in view of the enactment of
the 2013 Act and the Rules framed by the Government of Gujarat.
The Anganwadi centres have been established to give effect to
the obligations of the State defined under Article 47 of the
Constitution. It can be safely said that the posts of AWWs and
AWHs are statutory posts. In view of the changes brought about
by the 2013 Act and the aforesaid Rules framed by the Government
of Gujarat, the law laid down by this Court in the case of Ameerbi
will not detain this Court any further from deciding the issue.
The decision in the case of Ameerbi will not have any bearing on
the issue involved in these appeals. [Paras 18 and 19][780-G-H;
781-A-C]
State of Karnataka and others v. Ameerbi and others,
2007 (11) SCC 681 : [2006] 10 Suppl. SCR 329 -held
inapplicable.
3. It is impossible to accept the contention that the job
assigned to AWWs and AWHs is a part-time job. In the State of
Gujarat, the Government Resolution dated 25th November, 2019
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 Anganwadi Worker/Helper (Selection Criteria,
Honorary Service, Review and Discipline) Rules. The
Government Resolution dated 25th November 2019, which
prescribes duties of AWWs and AWHs, does not lay down that
their job is a part-time job. Considering the nature of duties
specified thereunder, it is full-time employment. [Paras 13 and
20][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) of
Section 1(3) applies to every shop or establishment within the
meaning of any law for the time being in force in relation to the
shops and establishments in a State in which ten or more persons
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are employed or were employed on any day of the preceding
twelve months. The question is whether clause (b) of Section
1(3) of the Payment of Gratuity Act, 1972 will apply. This Court in
the case of the Labour Court, Jullunder has given a wide
interpretation to clause(b). 'Establishments' contemplated by
clause (b) can be establishments within the meaning of any law
for the time being in force in a State in relation to establishments.
Establishments have been defined in clause (e) of Section 2 of
the Contract Labour (Regulation and Abolition) Act, 1970. The
Contract Labour Act is applicable to establishments as provided
in sub-section (4)(a) of Section 1. In view of sub-section (2) of
Section 1, the Contract Labour Act is applicable to the State of
Gujarat. Therefore, it is legislation in relation to establishments
in the State of Gujarat. The selection and appointments of AWWs
and AWHs are being made by the Government of Gujarat. An
officer of the said Government is empowered to issue an order of
termination of employment of AWWs and AWHs. Anganwadi
centres 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 State
Government. However, the State Government gets contributions
from the Central Government. Moreover, it can always be said
that occupation is carried out in the establishments of Anganwadi
centres. Hence, Anganwadi Centre is an establishment within
the meaning of clause (e) of Section 2 of the Contract Labour
Act. It is not the case of the State Government that every
Anganwadi centre is a separate entity. Anganwadi centres and
Mini Anganwadi centres are a part of the Anganwadi establishment
of the State Government. The Anganwadi centres have been
employing ten or more AWWs and AWHs in the State. There is
thus no manner of doubt that Anganwadi centres are
establishments contemplated by clause (b) of sub-section (3) of
Section 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 - held
inapplicable.
State of Punjab v. Labour Court, Jullunder and others
1980 (1) SCC 4 : [1980] 1 SCR 953 - relied on.
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
OFFICER DAHOD
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5. The definition of 'wages' is very wide. It means all
emoluments which are earned by an employee on duty. Thus, the
honorarium paid to AWWs and AWHs will also be covered by the
definition of wages. As AWWs and AWHs are employed by the
State Government for wages in the establishments to which the
Payment of Gratuity Act, 1972 applies, the AWWs and AWHs are
employees within the meaning of the 1972 Act. In view of the
said Rules of the Gujarat Government, the Anganwadi centres
are not under the control of the Central Government. Therefore,
the State Government will be an appropriate Government within
the meaning of clause (a) of Section 2 of the 1972 Act. Accordingly,
a person or authority appointed by the appropriate Government
for the supervision and control of AWWs and AWHs will be the
employer within the meaning of clause (f) of Section 2.
[Para 29][787-B-D]
6. Further, the Government of India by a notification dated
3rd April 1997 has notified educational institutions as
establishments under clause (c) of sub¬section (3) of Section 1
of the 1972 Act. In the Anganwadi centres, the activity of running
a preschool for the children in the age group of 3 to 6 years is
being conducted. It is purely an educational activity. The job of
teaching is done by AWWs and AWHs. The State Government is
running pre-schools in Anganwadi centres in accordance with
Section 11 of the RTE Act. [Para 30][787-D-F]
7. The provisions of the Payment of Gratuity Act, 1972
apply to AWWs and AWHs working in Anganwadi centres. Within
a period of three months from today, necessary steps shall be
taken by the concerned authorities in the State of Gujarat under
the 1972 Act to extend benefits of the said Act to the eligible
AWWs and AWHs. [Para 32][788-B-C]
Ahmedabad Pvt. Primary Teachers' Assn. v.
Administrative Officer and others, 2004 (1) SCC 755 :
[2004] 1 SCR 470 and Jaya Bachchan v. Union of India
and 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 Anganwadi
helpers (AWH) is not only at war against malnutrition but have
played a pivotal and significant role during the Covid-19 pandemic
which was the unprecedented health war faced by the nation in
responding to the various challenges posed. These frontline
women workers are the backbone of the ICDS. ICDS scheme is
not just a welfare scheme but a means of protecting 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
of interest to the whole community and not just to the mothers of
the families concerned. "Socialised childcare" also contributes
to the liberation of women: it lightens the burden of looking after
children, provides a potential source of remunerated employment
for women and gives them an opportunity to build women's
organizations. In light of these rich contributions of childcare to
social progress, ICDS deserves far greater attention in public
policy since ICDS acts as an institutional mechanism for
realization of child and women rights. [Paras 19 and 20][793-H;
794-A; D-F]
2. The contribution of Anganwadi workers/helpers at the
grassroot level under the ICDS scheme is being well
acknowledged by the Government of India, Ministry of Women
and Child Development and in the last few years, it has also
witnessed not only an exponential increase in the Anganwadi
centres/workers but also significant specific efforts aimed at
ensuring quality in the delivery of services and community
participation. Indeed, the responsibilities of the Anganwadi
workers/helpers have tremendously increased which now require
to perform multiple tasks ranging from delivery of vital services,
involving Community/ women's groups/Mahila Mandals and for
ensuring the effective convergence of various sectoral services.
For restructuring and strengthening of ICDS, provisions have
been made for rationalization of appointment of Anganwadi
workers as Supervisors which is a cadre post under the
Government. That apart, the Government of Gujarat has also come
with a composite scheme vide its Resolution dated 25th
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
OFFICER DAHOD
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November, 2019 laying down the procedure according to which
selections shall be made through a transparent procedure to be
followed laying down the eligibility criteria (including academic
qualification) according to which the merit list of the candidates
who had participated in the selection process for post of
Anganwadi workers/helpers shall be made and if any participant/
applicant is dissatisfied or aggrieved by the process of selection
held by the authorities, can prefer an appeal to the Committee
constituted for the said purpose. [Paras 42 and 45][799-H;
800-A-C; 801-B-C]
3. The honorarium paid to the Anganwadi workers/helpers
is basically the quantum of money offered/conferred to somebody
who is especially a professional or a well honoured person for
providing services. It is a voluntary process. However, what is
being paid to Anganwadi workers/helpers with a nomenclature
used by the respondents in projecting the term 'honorarium', is
in fact the 'wages' that has been paid for the services rendered
at the end of the month. It is the form of emoluments which is
being earned on discharge of duty in accordance with the terms
of employment defined under Section 2(s) of the Payment of
Gratuity Act, 1972. [Para 48][801-F-G]
4. In Ameerbi Case on which the Division Bench of the High
Court has placed reliance, it was a case where the question raised
for consideration was as to whether those who are appointed as
Anganwadi workers/helpers are holders of civil posts and are
entitled to seek protection of Article 311 of the Constitution. In
the present cases, the question which has been raised for
consideration is limited to the extent as to whether those who
are working as Anganwadi workers/helpers are eligible to claim
gratuity under the provisions of the Act, 1972. Therefore, the
judgment of Ameerbi relied upon by the Division Bench of the
High Court and placed by the respondents before this Court is of
no assistance and has no application so far as the question raised
before 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 - held
inapplicable.
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State Bank of India v. Shri N. Sundara Money 1976 (1)
SCC 822 : [1976] 3 SCR 160; Bangalore Water Supply
and Sewerage Board v. A. Rajappa and others 1978
(2) SCC 213 : [1978] 3 SCR 207; Sant Ram v. Rajinder
Lal and others 1979 (2) SCC 274 : [1979] 1 SCR 900;
Steel Authority of India Ltd. and others v. National Union
Waterfront 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.
Union of India and others 2006 (5) SCC 266 : [2006]
2 Suppl. SCR 110; Birla Institute of Technology v. State
of Jharkhand and others 2019 (4) SCC 513 : [2019]
2 SCR 963 and Unni Krishnan J.P. and others v. State
of Andhra Pradesh and others (1993) 4 SCC 111 -
referred to.
Case Law Reference
In the judgment of ABHAY S. OKA, J.
(1978) 2 SCC 213
held inapplicable
Para 2(d)
[2004] 1 SCR 470
referred to
Para 2(f)
[2006] 10 Suppl. SCR 329
held inapplicable
Para 2(h)
[2006] 2 Suppl. SCR 110
referred to
Para 2(i)
[1980] 1 SCR 953
relied on
Para 2(j)
In the judgment of AJAY RASTOGI, J.
[1976] 3 SCR 160
referred to
Para 15
[1978] 3 SCR 207
referred to
Para 15
[1979] 1 SCR 900
referred to
Para 15
[2001] 2 Suppl. SCR 343
referred to
Para 15
[1980] 1 SCR 953
referred to
Para 16
[2004] 1 SCR 470
referred to
Para 16
[2006] 2 Suppl. SCR 110
referred to
Para 16
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
OFFICER DAHOD
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[2006] 10 Suppl. SCR 329
held inapplicable
Para 16
[2019] 2 SCR 963
referred to
Para 16
(1993) 4 SCC 111
referred to
Para 24
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3153
of 2022.
From the Judgment and Order dated 08.08.2017 of the High Court
of Gujarat at Ahmedabad in L.P.A. No. 939 of 2016.
With
Civil Appeal Nos.3154, 3155, 3156, 3157 and 3158 of 2022.
Sanjay Parikh, P. V. Surendranath, Sr. Advs., Ms. Pyoli, Satwik
Parikh, Rahul Narang, Subhash Chandran K. R., Biju P. Raman, Sawan
Kumar Shukla, Pawan Kr. Dabas, Advs. for the Appellant.
Ms. Aishwarya Bhati, ASG, Ms. Aastha Mehta, Ms. Prerna
Mohapatra, Ms. Deepanwita Priyanka, Ms. Hemantika Wahi, Gurmeet
Singh Makker, Ms. Aakanksha Kaul, B. K. Satija, Mohd. Akhil, Sughosh
Subramanyam, Advs. for the Respondents.
The Judgment of the Court was delivered by
ABHAY S. OKA, J.
Leave granted.
1. The issue involved in these appeals is whether Anganwadi
workers and Anganwadi helpers appointed to work in Anganwadi centres
set up under the Integrated Child Development Scheme (for short
"ICDS") are entitled to gratuity under the Payment of Gratuity Act,
1972 (for short "the 1972 Act"). The appellants are Anganwadi workers
and/or their organisations. The appeals arise out of writ petitions filed by
the District Development Officer and two other officers for taking
exception to the orders passed by the Controlling Authority under the
1972 Act. The finding rendered by the Controlling Authority which was
confirmed by the Appellate Authority was that Anganwadi Workers
(AWWs) and Anganwadi Helpers (AWHs) are entitled to gratuity under
the 1972 Act. The Appellate Authority confirmed the said orders. The
learned Single Judge dismissed the writ petitions. In Letters Patent
Appeals, a Division Bench of Gujarat High Court interfered and set
aside the orders passed by the Controlling Authority and the appellate
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authority under the 1972 Act. The Division Bench held that AWWs and
AWHs could not be said to be employees as per Section 2(e) of the
1972 Act, and the ICDS project cannot be said to be an industry. It was
held that as the remuneration or honorarium paid to them cannot be
treated as wages within the meaning of Section 2(s) of the 1972 Act,
they are disentitled to gratuity. The Judgment of the Division Bench is
the subject matter of challenge before this Court.
SUBMISSIONS OF THE APPELLANTS
2. Detailed submissions have been made on behalf of the appellants
in support of the appeals. The submissions have been made by Shri
Sanjay Parikh, the learned Senior Counsel, and Shri P.V. Surendranath,
the learned Senior Counsel. The submissions can be summarised as
under:
a)
The 1972 Act is a social security welfare legislation. The
1972 Act recognizes that all persons in the society need
protection against loss of income due to unemployment
arising 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 1972
Act.
c)
The concept of 'establishment' under the 1972 Act is much
broader than the definition of 'industry' under Section 2(j)
of the Industrial Disputes Act, 1947 (for short, "the 1947
Act").
d)
Relying upon a decision of this Court in the case of
Bangalore Water Supply and Sewerage Board v. A.
Rajappa and others1, it was submitted that as there is a
systematic and organized activity carried out in Anganwadi
centres with the cooperation of the employer and employees
for rendering services, Anganwadi centres will have to be
treated 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 Anganwadi
centres, clause (c) of Section 1(3) will apply as the
Government of India has exercised power under clause (c)
of Section 1(3) by notifying educational institutions as a
1 1978 (2) SCC 213
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
OFFICER DAHOD [ABHAY S. OKA, J.]
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class of establishment to which the 1972 Act will apply.
Under the ICDS scheme, pre-school non-formal education
is provided in Anganwadi centres to children in the age
group of 3 to 6. Even teaching about nutrition and health is
imparted in Anganwadi centres. Hence, the Anganwadi
centres are educational institutions.
f)
Placing reliance on a decision of this Court in the case of
Ahmedabad Pvt. Primary Teachers' Assn. v.
Administrative Officer and others2, it was submitted that
as per the notification mentioned above, teaching as well
as non-teaching staff of educational institutions has been
covered. It is submitted that the effect of the said decision
is that the 1972 Act will even cover employees other than
teachers in educational institutions.
g)
While deciding the Ahmedabad Primary Teachers'
Association case, this Court relied upon the definition of
'employee' in the 1972 Act, which was restricted by the
words "to do any skilled, semi-skilled or unskilled......". By
Act No. 47 of 2009, these words were deleted, and
therefore, the definition of 'employee' under Section 2(e)
of the 1972 Act has become very wide.
h)
This Court in the case of State of Karnataka and others
v. Ameerbi and others3 held that AWWs and AWHs are
not the employees of Anganwadi centres or the ICDS
scheme. In the said case, the dispute was confined to an
issue of whether AWWs can be said to be holding civil
posts to attract the jurisdiction of the Karnataka State
Administrative Tribunal established under Section 15 of the
Administrative Tribunals Act, 1985. Hence, the said decision
is not relevant in this case.
i)
Merely because the monthly remuneration paid to AWWs
is styled as honorarium, it cannot be conclusive. Under
Section 2(s) of the 1972 Act, the definition of 'wages' is
very wide to include both the categories. AWWs and AWHs
are doing full-time jobs involving multiple duties concerning
women and children. Reliance was placed on a decision of
2 2004 (1) SCC 755
3 2007 (11) SCC 681
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this Court in the case of Jaya Bachchan v. Union of India
and others4.
j)
Reliance was placed on definitions of 'establishment' and
'industrial establishment' under various statutes. On this
behalf, a reference was made to a decision of this Court in
the case of State of Punjab v. Labour Court, Jullundur
and others5.
k)
The submission is that the provisions of the 1972 Act apply
to AWWs and AWHs.
SUBMISSIONS OF THE RESPONDENTS
3. Ms. Aastha Mehta, learned counsel appearing on behalf of the
State of Gujarat submitted that ICDS is a Central Government scheme
which the State Governments are implementing. Her submission is that
AWWs 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 and
not wages. It is pointed out that the honorarium payable to AWWs and
AWHs has been enhanced in the year 2020. She submitted that though
the share of the Central Government in the honorarium has not been
increased, under the Government Resolution dated 21st March 2020, the
State Government has increased its contribution, and now the
remuneration of AWWs is Rs.7,800/- per month. She submitted that a
number of other benefits have been made available by the State
Government to AWWs, set out in the counter affidavit. It is pointed out
by learned counsel that there are 53,029 Anganwadi centres established
under the ICDS in the State of Gujarat, and presently there are about
51,560 AWWs and 48,690 AWHs in the entire State. If gratuity is held to
be payable to them, there will be a substantial financial burden on the
State exchequer as the amount payable towards gratuity will be more
than Rs.25 crores.
4. Ms. Aishwarya Bhati, the learned Addl. Solicitor General of
India submitted that while the Government of India acknowledges the
important role of Anganwadi centres in implementing the ICDS scheme
and consequently the role of AWWs and AWHs, the provisions of the
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
OFFICER DAHOD [ABHAY S. OKA, J.]
4 2006 (5) SCC 266
5 1980 (1) SCC 4
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1972 Act do not apply to them. She pointed out that clause (b) of
Section 1(3) refers to 'establishments' within the meaning of any law
for the time being in force in relation to shops and establishments in a
State and therefore, in this case, the provisions of Gujarat Shops and
Establishments Act, 1948 (for short "the Gujarat Act") as applicable
to the State of Gujarat will have to be considered. Referring to the
definitions of 'commercial establishments' and 'establishments' under
the Gujarat Act, she submitted that ICDS is not an establishment as it
does not carry on any business, trade or profession or any activity
connected, incidental or ancillary thereto. She submitted that ICDS is
a welfare scheme designed and implemented to benefit children,
pregnant women, and lactating mothers. Relying upon a decision of
this Court in the case of Bangalore Turf Club Limited v. Regional
Director, Employees' State Insurance Corporation6, she submitted
that the term 'establishment' used in the 1972 Act presupposes an element
of commercial activity. She submitted that what is being paid to AWWs
is an honorarium which cannot be described as wages. In support of the
said submission, she relied upon a decision of the Delhi High Court in the
case of Akhil Bhartiya Anganwadi Kamgar Union (Regd.) v. Union
of India & Ors. She also pointed out that the decision of this Court in
the case of Bangalore Water Supply and Sewerage Board (supra)
has been referred to a larger Bench. She pointed out that as AWWs and
AWHs render valuable assistance, there is insurance coverage provided
to them by the Central Government as set out in the counter affidavit.
Apart from insurance benefits, other benefits are being extended to
AWWs.
REJOINDER OF THE APPELLANTS
5. The learned counsel appearing for appellants pointed out that
Anganwadi centres are performing the statutory duty of implementing
provisions 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 and
AWHs, which are placed on record along with IA No. 161608 of 2021,
it was pointed out that their responsibilities extend not only to running
Anganwadi centres but to running pre-primary schools in Anganwadis.
Apart from that, they are obligated to make home visits for various
purposes. It is certain that they are doing full-time jobs and are discharging
onerous responsibilities.
6 2014 (9) SCC 657
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ROLE OF ANGANWADI WORKERS AND HELPERS
6. I have given careful consideration to the submissions. The
Government of India launched ICDS on 2nd 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 shared
by the Government of India and the State Governments.
7. The 2013 Act came into force on 5th July 2013. One of the
objectives of enacting the 2013 Act was to give effect to Article 47 of
the Constitution of India, which is a part of the Directive Principles of
State Policy. Article 47 reads thus:
"ARTICLE 47: DUTY OF THE STATE TO RAISE THE
LEVEL OF NUTRITION AND THE STANDARD OF
LIVING AND TO IMPROVE PUBLIC HEALTH
The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public
health as among its primary duties and, in particular, the State
shall endeavour to bring about prohibition of the consumption except
for medicinal purpose of intoxicating drinks and of drugs which
are injurious to health."
8. It is the duty of the State to improve the level of nutrition which
is one of the best methods to improve public health. Apart from Article
47, India is a signatory to the Universal Declaration of Human Rights
and the International Covenant on Economic, Social, and Cultural Rights.
The said convention casts responsibilities on all States to recognize the
right of citizens to adequate food. As provided in the Statement of Objects
and Reasons of the 2013 Act, one of its objectives is to improve the
nutritional status of women and children. The object of the 2013 Act
was to bring about a shift in addressing the issue of food security. The
approach was changed from the welfare approach to the rights-based
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
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approach. The role of Anganwadi centres finds a place in paragraph 7
of the Statement of Objects and Reasons of the 2013 Act.
9. Anganwadi centres were statutorily recognised under the 2013
Act. Sub-section (1) of Section 2 of 2013 Act reads thus:
"(1) "anganwadi" means a child care and development centre set
up under the Integrated Child Development Services Scheme of
the Central Government to render services covered under section
4, clause (a) of sub-section (1) of section 5 and section 6."
10. Anganwadi centres have been entrusted with a very vital and
significant role in implementing Sections 4 to 6 of the 2013 Act, which
read thus:
"4. Nutritional support to pregnant women and lactating
mothers.- Subject to such schemes as may be framed by the
Central Government, every pregnant woman and lactating
mother shall be entitled to-
(a) meal, free of charge, during pregnancy and six months
after the child birth, through the local anganwadi, so as to
meet the nutritional standards specified in Schedule II; and
(b) maternity benefit of not less than rupees six thousand, in such
instalments as may be prescribed by the Central Government:
Provided that all pregnant women and lactating mothers in regular
employment with the Central Government or State Governments
or Public Sector Undertakings or those who are in receipt of similar
benefits under any law for the time being in force shall not be
entitled to benefits specified in clause (b).
5.Nutritional support to children-(1) Subject to the provisions
contained in clause (b), every child up to the age of fourteen
years shall have the following entitlements for his nutritional
needs, namely:-
(a) in the case of children in the age group of six months to
six years, age appropriate meal, free of charge, through
the local anganwadi so as to meet the nutritional standards
specified in Schedule II:
Provided that for children below the age of six months, exclusive
breast feeding shall be promoted;
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(b) in the case of children, up to class VIII or within the age group
of six to fourteen years, whichever is applicable, one mid-day
meal, free of charge, every day, except on school holidays, in all
schools run by local bodies, Government and Government aided
schools, so as to meet the nutritional standards specified in Schedule
II.
(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 for
cooking meals may be used, wherever required, as per the
guidelines issued by the Central Government.
6. Prevention and management of child malnutrition.-The
State Government shall, through the local anganwadi,
identify and provide meals, free of charge, to children who
suffer from malnutrition, so as to meet the nutritional standards
specified in Schedule II."
(emphasis added)
11. The provisions mentioned above lay down the entitlements of
pregnant women, lactating mothers, and children in the age group of 6
months to 6 years. In addition, the children who suffer from malnutrition
are 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 provided
through 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 the
Supplementary Nutrition Rules are relevant which read thus:
"3. Nature of entitlements. - (1) The entitlements referred to
in sections 4, 5 and section 6 of the Act shall be provided under
the Supplementary Nutrition Programme of Anganwadi Services
(Integrated Child Development Services Scheme) of the Central
Government to every pregnant woman and lactating mother till
six months after childbirth, and every child in the age group of six
months to six years (including those suffering from malnutrition).
(2) The Supplementary Nutrition under the Anganwadi Services
(Integrated Child Development Services) is primarily designed to
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
OFFICER DAHOD [ABHAY S. OKA, J.]
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bridge the gap between the Recommended Dietary Allowance
and the Average Daily Intake.
4. Place of serving meal. - (1) The Anganwadi Services
(Integrated Child Development Services) is a self-selecting
scheme and the entitlements, as mentioned in clause (a) of
section 4, clause (a) of sub-section (1) of section 5 and
section 6 shall be available to those who enroll themselves
and visit the nearest anganwadi centre during its working
hours, as notified by the State Government or the Union territory
Administration from time to time.
(2) The meal shall be served at the nearest anganwadi
centres where the beneficiary is registered or enrolled."
(emphasis added)
12. Thus, Anganwadi centres have been entrusted with the
onerous responsibility of implementing some of the most important and
innovative provisions of the 2013 Act. It can be said that Anganwadi
centres perform a pivotal role in discharging the statutory obligation of
the State to provide nutritional support to pregnant women, lactating
mothers and children in the age group of 6 months to 6 years. A free
meal is provided to pregnant mothers during pregnancy and 6 months
after childbirth through the Anganwadi centres. In the case of children
in the age group of 6 months to 6 years, an age-appropriate free meal is
to be provided in Anganwadi centres. In addition, the important duty of
providing free meals to the children who suffer from malnutrition has
been entrusted to Anganwadi centres. The free meals to be provided
through Anganwadi centres must satisfy the nutritional requirements and
standards specified in Schedule II of the 2013 Act. Therefore, under
sub-section (2) of Section 5, there is a provision that every Anganwadi
centre shall have a proper facility of cooking meals, drinking water and
sanitation. Another crucial statutory duty assigned to local Anganwadi
centres is to identify children who suffer from malnutrition so that free
meals can be provided to such identified children. The AWWs and AWHs
constitute the backbone of Anganwadi centres and therefore, this onerous
responsibility of extending benefits under the 2013 Act to the beneficiaries
is on them. Anganwadi centres are responsible for ensuring the healthy
growth of the children in the age group of 6 months to 6 years and the
children who suffer from malnutrition.
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13. Now, coming to the State of Gujarat, the Government Resolution
dated 25th 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 Anganwadi
Worker/Helper (Selection Criteria, Honorary Service, Review and
Discipline) Rules (for short "the said Rules"). Duties of AWWs and
AWHs have been laid down in Appendix-1 to the Government Resolution.
Very important functions and responsibilities have been assigned to
AWWs in Appendix-1. We are reproducing some of the onerous duties
and functions assigned to AWWs :
(a)
The AWWs shall carry out the survey within their area of
duty and shall update the record regularly by taking note of
the occurrence of new events;
(b)
Apart from providing health and nutrition services to the
children within their jurisdiction, AWWs are under a duty to
monitor the growth-development of all children. They are
also under an obligation to identify severely malnourished
children and children in need of medical attendance;
(c)
AWWs have a duty of monitoring the growth of the children
in the age group of 0 to 3 years, including monitoring their
weight. They are responsible for maintaining a growth chart
for measuring the child's individual growth. They must
identify children who are significantly underweight and take
special care of such children;
(d)
To make four follow-up visits every fortnight to the children
rehabilitated at Children Malnutrition Treatment Centres/
Nutrition Rehabilitation Centres and ensure that the said
children get supplementary food at Anganwadi centres;
(e)
AWWs are also required to cater to vaccination services
with the help of Aasha workers. They are also duty-bound
to undertake activities relating to health, nutrition, and
hygiene education;
(f)
They are responsible for following safety and hygiene norms
in respect of food materials in Anganwadi centres;
(g)
AWWs must make home visits at least three times a week
and meet children below the age of 3 years, pregnant women,
and lactating mothers;
MANIBEN MAGANBHAI BHARIYA v. DISTRICT DEVELOPMENT
OFFICER DAHOD [ABHAY S.