NDLI: Maniben Maganbhai Bhariya Vs. District Development Officer Dahod & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1972 – ss.1(3) 1(3A) and 2 – Gratuity – Entitlement to Payment of Gratuity Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
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 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.
Judge	Hon'ble Mr. Justice Abhay.S. Oka
Neutral Citation	2022 INSC 473
Petitioner	Maniben Maganbhai Bhariya
Respondent	District Development Officer Dahod & Ors.
SCR	[2022] 5 S.C.R. 760
Judgement Date	2022-04-25
Case Number	3153

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