MANIBEN MAGANBHAI BHARIYA versus DISTRICT DEVELOPMENT OFFICER DAHOD & ORS.

Citation: [2022] 5 S.C.R. 760 · Decided: 25-04-2022 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 6 · see the full citation network in Lexace

Judgment (excerpt)

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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. DISTRIC

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