Tripura High Court extends Payment of Gratuity Act, 1972 to Anganwadi Workers and Helpers, securing retirement benefits for them. This landmark decision ensures that these workers are entitled to gratuity upon retirement, aligning with the protections afforded under the Act.
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AGARTALA: Recently, The Tripura High Court has ruled that the Payment of Gratuity Act, 1972 applies to Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) working within the state. This landmark decision ensures that these workers are entitled to gratuity upon retirement, aligning with the protections afforded under the Act.
What is The Payment of Gratuity Act, 1972?
The Gratuity Act, introduced in 1972, is like a safety net for employees in India. It applies to workplaces with ten or more employees. If you’ve worked continuously for at least five years with one employer, you’re eligible for gratuity. This means you get a lump sum amount, based on your last salary, as a token of appreciation for your long service when you retire, resign, or in case of your death. It’s a way for employers to show gratitude for your dedication and provide some financial support when you need it most.
Justice S Datta Purkayastha highlighted the relevance of a Supreme Court judgment to this case, noting that the principles established by the apex court are equally applicable to Tripura.
The judgment stated-
“The Supreme Court, in its deliberation on the interpretation of the term ‘establishment’ in legal terms, cited the Contract Labour (Regulation and Abolition) Act, 1970, and the Code on Wages, 2019, as referenced in the Maniben case, to encompass government offices and entities within this definition. These statutes hold equal relevance in both Tripura and Gujarat.”
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Background
The petitioners, who were engaged as Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) under the Intensive Child Development Services Scheme (ICDS scheme), faced discontinuation upon reaching the retirement age of 60 between 2021 and 2023. Some were re-engaged post-60 but later discontinued again. In July 2023, all petitioners submitted representations to the Director of Social Welfare & Social Education, Government of Tripura, seeking gratuity and other post-retirement benefits. However, their requests were denied on August 11, 2023, citing a 2015 rule that necessitated a choice between a one-time financial benefit or a pension post-retirement.
Aggrieved by this decision, the petitioners filed a plea for a directive to the State to grant gratuity and other post-retirement benefits upon attaining the age of superannuation. The plea also sought to nullify the memorandum dated August 11, 2023, which rejected their claims.
The petitioners referenced the Supreme Court’s ruling in Maniben Maganbhai Bhariya vs. District Development Officer Dahod and others, asserting that AWWs and AWHs are entitled to gratuity upon retirement, alongside other post-retirement benefits.
The Tripura government opposed this plea, arguing that since the State of Tripura was not a party in the Maniben case, the judgment was not applicable to Tripura. They contended that the ratio of the Maniben case cannot be applied to the present case concerning Tripura.
The Court observed that the Supreme Court’s broader interpretation of the term ‘establishment’ in the Maniben case is relevant to other states, including Tripura.
It noted-
“The implications of the Maniben case extend beyond its immediate context, as the Supreme Court has provided a comprehensive interpretation of the term ‘establishment’, which holds relevance for other states as well.”
Furthermore, the Court pointed out 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-
“The Act also encompasses Anganwadi Centres in Tripura within its definition of ‘establishment’.”
Based on these findings, the Court granted the plea and invalidated the memorandum dated August 11, 2023. Furthermore, it directed the State to make gratuity payments to the retired workers and helpers concerned.
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- During the proceedings, Senior Advocate P Roy Barman, along with advocates K Nath and A Debbarma, represented the petitioners.
- On the other hand, Government Advocate Kohinoor N Bhattacharjee, Deputy SGI B Majumder, and Advocate K Reang appeared on behalf of the State.
