Time Has Come To Provide Better Service Conditions To Anganwadi Workers And Helpers: SC

• In Maniben Maganbhai Bhariya v. District Development Officer Dahod & Ors. (2022), the Hon’ble Supreme Court has held that the provisions of the Payment of Gratuity Act, 1972(“1972 Act”) will apply to Anganwadi Workers (AWWs) and Anganwadi Helpers(AWHs) working in Anganwadi centres.
• It also directed the concerned authorities of the Gujarat Government to take necessary steps for extending the benefits of the aforesaid Act to eligible workers.
• The court observed that social security legislations (like the 1972 Act) must always be interpreted liberally by givingthe widest possible meaning to their provisions.

Role of Anganwadi Workers

• The Anganwadi workers have played a vital role in our country’s war against malnutrition as well as during the COVID-19 pandemic.They have provided nutritional support to pregnant women, lactating mothers and children.
• Effective implementation of Sections 3, 4, 5, 6 & 7 of the National Food Security Act, 2013 largely depends upon the Anganwadis.
• The role of Anganwadi workers also includes assisting the Primary Health Centre Staff inthe implementation of immunization programmes.
• Furthermore, they act as a bridge between the Government and the targeted beneficiaries in delivering a large number of services.
• The Anganwadi Workers / Helpers have also been assigned the duty of conducting pre-primary education activities for the children.

Problems faced by Anganwadi Workers

• Anganwadi Workers do not hold civil posts. So, they are deprived of regular salary & other benefits available to regular State Government Employees.
• These workers only get a paltry ‘honorarium’, which is much lower than the minimum wages. The reasoning of the government behind this is that they are only part-time voluntary workers.

Observations of the Court

• The State of Gujarat has laid down exhaustive provisions regarding selection criteria, duties, disciplinary action, rules, etc. in respect of Anganwadi Workers and Helpers through Government Resolution dated 25th November 2019. It has also framed the Anganwadi Worker / Helper (Selection Criteria, Honorary Service, Review and Discipline) Rules.
• After the passing of the National Food Security Act, 2013 and the framing of the aforesaid rules by the Government of Gujarat, it can no longer be said that the Anganwadi Workers/Helpers have temporary status.
• So, the court held that it was no longer bound by the judgment in the case of State of Karnataka and others v. Ameerbi and others [2011 (11) SCC 681], for deciding the present appeal.
• The court observed that the job of AWWs and AWHs is full-time employment because several all-pervasive and onerous duties have been assigned to them.
• Anganwadi centres are establishments under Section 1 (3) (b) of the Payment of Gratuity Act, 1972. Furthermore, it was held that the honorarium paid to Anganwadi Workers/Helpers is covered by the definition of wages. So, these workers are employees of the State Government within the meaning of the 1972 Act.
• Therefore, the Hon’ble Supreme Court allowed the appeals and ultimately held that the Payment of Gratuity Act, 1972 will apply to Anganwadi centres and in turn to Anganwadi Workers and Helpers.