Payment of Gratuity Act applicable to Anganwadi workers, helpers: Tripura High Court

The Tripura High Court recently held that the Payment of Gratuity Act, 1972 applies to the Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) working in the State of Tripura..Justice S Datta Purkayastha observed that a Supreme Court verdict on the issue was equally applicable to Tripura.."Hon’ble Supreme Court while examining the definition of ‘establishment’ within the meaning of law, referred the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Code on Wages, 2019 in Maniben’s case to include government offices and establishments within such definition. Both the above said Acts have their application equally in Tripura and Gujarat," the Court observed..The petitioners were engaged as Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) under the Intensive Child Development Services Scheme (ICDS scheme). Their engagements at various Anganwadi centers were discontinued upon retirement at age 60 between 2021 and 2023. Some petitioners were re-engaged after turning 60 but were later discontinued.In July 2023, all the petitioners sent their representations to the Director of Social Welfare & Social Education, Government of Tripura, requesting gratuity along with other post-retirement benefits.However, the representations were rejected on August 11, 2023, and their request for gratuity was denied citing a 2015 rule to choose between one-time financial benefit or pension post-retirement..Aggrieved, the petitioners filed the plea seeking a direction to the State to provide the benefit of gratuity and other post-retirement benefits upon attaining the age of superannuation (60 years).The plea further requested the Court to quash the memorandum dated August 11, 2023, issued by the Director of Social Welfare and Social Education, which rejected the petitioners' claim. .The petitioners relied on the Supreme Court verdict in Maniben Maganbhai Bhariya vs. District Development Officer Dahod and others to argue that AWWs and AWHs are entitled to gratuity upon their retirement, in addition to other post-retirement benefits.The Tripura government opposed this argument, contending that the State of Tripura was not a party in the Maniben case. The judgment was not passed in rem (applicable to all) and, therefore, the ratio of the Maniben case cannot be applied to a case relating to Tripura, he added..The Court noted that the Maniben case covers many aspects that would be relevant to other States as well since the top court has given a broader interpretation to the term 'establishment'..The Court further noted that while the State of Tripura framed the Right of Children to Free and Compulsory Education Rules (Tripura), 2011, it did not include any provision for pre-school education by institutions or government wings other than Anganwadi centres.Relying on the Maniben case, the Court added that Anganwadi Centres in Tripura also come within the purview of ‘establishment’ under the Act.With these observations, the Court allowed the plea and also quashed the memorandum dated August 11, 2023.It further directed the State to make payment of gratuity to the concerned retired workers/helpers.Senior Advocate P Roy Barman along with advocates K Nath and A Debbarma appeared for petitioners.Government Advocate Kohinoor N Bhattacharjee, Deputy SGI B Majumder and Advocate K Reang represented the State..[Read Order]