Bombay High Court
Sau. Vidya Wife Of Vishnu Vanare vs The State Of Maharashtra on 23 December, 2010
Bench: V.C. Daga, A. B. Chaudhari
wp5675.10.odt 1/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.5675/2010
PETITIONER :- Sau. Vidya wife of Vishnu Vanare,
aged about 35 years, occupation -- In charge
Anganwadi Sevika, resident of Dhanora (BK),
Tahsil Nandura, District : Buldhana.
...VERSUS...
RESPONDENTS :- 1. The State of Maharashtra
Through its Secretary Department of
Women and Child Welfare, Mantralaya,
Mumbai.
2. The Zilla Parishad Buldhana,
Through its Chief Executive Officer,
District Buldhana.
----------------------------------------------------------------------------------------------------------------------------
[Shri K.S. Narwade, Adv. for petitioner]
[Ku. K.K. Pathak, Amicus Curiae]
[Ms Tajwar Khan, AGP for respdt. No.1]
----------------------------------------------------------------------------------------------------------------------------
CORAM : V.C. DAGA AND
A.B. CHAUDHARI, JJ.
Date of reserving the judgment : 21.12.2010
Date of pronouncing the judgment : 23.12.2010
J U D G M E N T : (PER : A.B. CHAUDHARI, J.)
1. Heard. Rule. Rule returnable forthwith. Heard finally by
consent of the learned Counsel for the rival parties.
wp5675.10.odt 2/13
2. In the present petition, the petitioner is seeking
implementation of Government Resolution dated 12.3.2008 in her case
to be made by the Zilla Parishad, Buldhana i.e. by appointing her to
the post of Anganwadi Sevika.
3. It has been observed by this Court that Anganwadi helpers
and Anganwadi Sevikas who hardly get honorarium @ Rs.1,000/- to
1200/- per month and who work in rural areas straightway rush to this
Court invoking the jurisdiction under Article 226 of the Constitution of
India in the matters pertaining to their employment i.e. termination,
regularization etc.. In the instant case, we find that the petitioner
claims that she has been working as Anganwadi helper since
1.11.2001 by an order of appointment made by the Zilla Parishad,
Buldhana. According to her, in the year 2007 Anganwadi Sevika
working at Mouza Dhanora (Bk) Tq. Nandura District Buldhana
resigned and as such her post fell vacant since 5.8.2007. According to
the petitioner she has been working as Anganwadi helper in the same
centre since 6.10.2007 and in fact has been working incharge of the
post on Anganwadi Sevika due to the said vacancy caused by
resignation. It is her case that under the Government Resolution dated
12.3.2008 she is entitled to be appointed being eligible and qualified to
the said post of Anganwadi Sevika and thus there is a failure on the
wp5675.10.odt 3/13
part of respondent No.2 - Zilla Parishad to implement the said
Government Resolution dated 12.3.2008 despite her repeated
reminders and representations. According to her, her case was also
recommended accordingly by the concerned officers but to no use.
4. Having heard learned Counsel for the petitioner and
Ku. K.K. Pathak, appointed by this Court as 'Amicus Curiae', we find
that Integrated Child Development Services Scheme (hereinafter
referred to as "ICDS Scheme") was launched in the year 1975 with the
following objectives and services to be given.
"OBJECTIVES :- The Integrated Child
Development Services (ICDS) Scheme was launched in
1975 with the following objectives :
i. to improve the nutritional and health status of
children in the age-group 0-6 years;
ii. to lay the foundation for proper psychological,
physical and social development of the child;
iii. to reduce the incidence of mortality, morbidity,
malnutrition and school dropout;
iv. to achieve effective co-ordination of policy and
implementation amongst the various departments to
promote child development; and
wp5675.10.odt 4/13
v. to enhance the capability of the mother to look after
the normal health and nutritional needs of the child
through proper nutrition and health education.
SERVICES :- The above objectives are
sought to be achieved through a package of services
comprising:
i. supplementary nutrition,
ii. immunization,
iii.
iv.
health check-up,
referral services,
v. pre-school non-formal education and
vi. nutrition & health education.
Three of the six services namely Immunisation,
Health Check-up and Referral Services delivered through
Public Health Infrastructure under the Ministry of Health &
Family Welfare."
5. The constitution of ICDS Team is as under :
"THE ICDS TEAM :- The ICDS team comprises
the Anganwadi Workers, Anganwadi Helpers, Supervisors,
Child Development Project Officers (CDPOs) and District
Programme Officers (DPOs). Anganwadi Worker, a lady
selected from the local community, is a community based
wp5675.10.odt 5/13
frontline honorary worker of the ICDS Programme. She is
also an agent of social change, mobilizing community
support for better care of young children, girls and
women. Besides, the medical officers, Auxiliary Nurse
Midwife (ANM) and Accredited Social Health Activist
(ASHA) form a team with the ICDS functionaries to
achieve convergence of different services."
6. The status of Anganwadi workers and helpers is as under :
"STATUS
ig OF ANGANWADI WORKERS AND
HELPERS:-
Anganwadi Workers (AWWs) & Anganwadi
Helpers (AWHs), being honorary workers, are paid a
monthly honoraria as decided by the Government from
time to time. Government of India has enhanced the
honoraria of these Workers, w.e.f. 1.4.2008 by Rs.500
above the last honorarium drawn by Anganwadi Workers
(AWWs) and by Rs.250 of the last honorarium drawn by
Helpers of AWCs and Workers of Mini-AWCs. Prior to
enhancement, AWWs were being paid a monthly
honoraria ranging from Rs.938/- to Rs.1063/- per month
depending on their educational qualifications and
experience. Similarly, AWHs were being paid monthly
honoraria of Rs.500/- In addition to the honoraria paid by
the Government of India, many States/UTs are also giving
monetary incentives to these workers out of their own
wp5675.10.odt 6/13
resources for additional functions assigned under other
Schemes."
7. Role and responsibilities of Anganwadi workers and helpers
are as follows :
"Role and responsibilities of AWWs
i.
To elicit community support and participation in
running the programme.
ii. To weigh each child every month, record the weight
graphically on the growth card, use referral card for
referring cases of mothers/children to the sub-
centres/PHC etc., and maintain child cards for children
below 6 years and produce these cards before visiting
medical and para-medical personnel.
iii. To carry out a quick survey of all the families,
especially mothers and children in those families in their
respective area of work once in a year.
iv. To organise non-formal pre-school activities in the
anganwadi of children in the age group 3-6 years of age
and to help in designing and making of toys and play
equipment of indigenous origin for use in anganwadi.
wp5675.10.odt 7/13
v. To organise supplementary nutrition feeding for
children (0-6 years) and expectant and nursing mothers
by planning the menu based on locally available food and
local recipes.
vi. To provide health and nutrition education and
counseling on breastfeeding/Infant & young feeding
practices to mothers. Anganwadi Workers, being close to
the local community, can motivate married women to
adopt family planning/birth control measures.
vii.
AWWs shall share the information relating to births
that took place during the month with the Panchayat
Secretary/Gram Sabha Sewak/ANM whoever has been
notified as Registrar/Sub Registrar of Births & Deaths in
her village.
viii. To make home visits for educating parents to enable
mothers to plan an effective role in the child's growth and
development with special emphasis on new born child.
ix. To maintain files and records as prescribed.
x. To assist the PHC staff in the implementation of
health component of the programme viz. immunisation,
health check-up, ante natal and post natal check etc.
wp5675.10.odt 8/13
xi. To assist ANM in the administration of IFA and
Vitamin A by keeping stock of the two medicines in the
Centre without maintaining stock register as it would add
to her administrative work which would effect her main
functions under the scheme.
xii. To share information collected under ICDS Scheme
with the ANM. However, ANM will not solely rely upon the
information obtained from the records of AWW.
xiii.
To bring to the notice of the Supervisors/CDPO any
development in the village which requires their attention
and intervention, particularly in regard to the work of the
coordinating arrangements with different departments.
xiv. To maintain liaison with other institutions (Mahila
Mandals) and involve lady school teachers and girls of the
primary/middle schools in the village which have
relevance to her functions.
xv. To guide Accredited Social Health Activists (ASHA)
engaged under National Rural Health Mission in the
delivery of health care services and maintenance of
records under the ICDS Scheme.
xvi. To assist in implementation of Kishori Shakti Yojana
(KSY) and motivate and educate the adolescent girls and
their parents and community in general by organzing
wp5675.10.odt 9/13
social awareness programmes/campaigns etc..
xvii. AWW would also assist in implementation of
Nutrition Programme for Adolescent Girls (NPAG) as per
the guildelines of the Scheme and maintain such record
as prescribed under the NPAG.
xviii. Anganwadi Worker can function as depot holder for
RCH Kit/contraceptives and disposable delivery kits.
However, actual distribution of delivery kits or
administration of drugs, other than OTC (Over the
Counter) drugs would actually be carried out by the ANM
or ASHA as decided by the Ministry of Health & Family
Welfare.
xix. To identify the disability among children during her
home visits and refer the case immediately to the nearest
PHC or District Disability Rehabilitation Centre.
xx. To support in organizing Pulse Polio Immunization
(PPI) drives.
xxi. To inform the ANM in case of emergency cases like
diahorrea, cholera etc.
Role and responsibilities of Anganwadi Helpers
(i) To cook and serve the food to children and
marchers.
wp5675.10.odt 10/13
(ii) To clean the Anganwadi premises daily and fetching
water.
(iii) Cleanliness of small children.
(iv) To bring small children collecting from the village to
the Anganwadi."
8. Looking to the above functions of these Anganwadi Sevikas
and workers, prescribed by the Government and the very scheme
which is in vogue since 1975 and the activities under the said scheme,
we are of the view that the Anganwadi Sevikas and Anganwadi helpers
and in particular the present petitioner are 'workman' within the
meaning of Section 2 (s) of the Industrial Disputes Act, 1947 and the
scheme under which they are performing their work, nature of which
has already been given by us above is nothing but an 'industry' within
the meaning of definition of 'industry' as per Section 2 (j) of the
Industrial Disputes Act, 1947. We have no doubt that ICDS Scheme is
systematic activity in which there is a cooperation between employer
and employee. We also find that the said function under the ICDS
Scheme does not fall within the meaning of the term 'sovereign
function' as explained by the Hon'ble Supreme Court in the case of
Bangalore Water Supply and Sewerage Board...Versus...
wp5675.10.odt 11/13
A. Rajappa and others, reported in 1978 Supreme Court Cases
(L & S) 215.
In the said decision in the case of Bangalore Water
Supply and Sewerage Board (Supra) the case of State of
Bombay...Versus...Hospital Mazdoor Sabha, AIR 1960 SC 610 :
(1960) 1 LLJ 251 was considered. We have therefore no doubt that
the petitioner is a 'workman' and the establishment in which she has
been working under respondent No.2 - Zilla Parishad, namely, ICDS
Scheme is an 'industry'.
9. In the case of State of Karnataka &
Ors....Versus...Ameerbi & Ors., reported in 2006 (13) Scale 319,
the Hon'ble Supreme Court has held that Anganwadi workers under the
said ICDS Scheme are not the holders of any civil posts and it is in that
background the Hon'ble Supreme Court held that the Administrative
Tribunal constituted under the Administrative Tribunals Act, 1985 will
not have jurisdiction to entertain application under the said Act. Thus,
from this judgment, it is clear that the Administrative Tribunal has no
jurisdiction to entertain application under Section 15 of the
Administrative Tribunals Act for any relief.
10. We are aware that the State of Maharashtra has
established Labour and Industrial Courts in each District in the State,
wp5675.10.odt 12/13
pursuant to its policy to reach the justice at the door steps of the
litigants with the object of saving the expenditure of the poor litigants
coming to the High Court directly. As earlier stated by us, honorarium
received by Anganwadi workers or Anganwadi helpers is hardly
ranging from Rs.1,000/- to Rs.1200/- and therefore, there is no reason
why such poor workmen should rush to this Court instead of availing
effective alternate remedy which is available more speedily under the
provisions of the Maharashtra
ig Recognition of Trade Unions &
Prevention of Unfair Labour Practices Act, 1971. We also would like to
add that the pendency of the cases in the Labour and Industrial Courts
in the State of Maharashtra and in particular in the areas other than
Mumbai and Greater Mumbai has considerably reduced in the recent
point of time and therefore, there is every hope of getting expeditious
disposal of the cases. In view of the aforesaid alternate remedy and in
view of the fact that the petitioner alike Anganwadi Sevikas and
Anganwadi helpers get honorarium ranging from Rs.1,000/- to
Rs.1200/- per month, we hold that the petitioner has a remedy to
approach the Industrial Court in her District for implementation of the
said Government Resolution dated 12.3.2008. We also hold that the
remedy of approaching the Labour Court under the Maharashtra
Recognition of Trade Unions & Prevention of Unfair Labour Practices
wp5675.10.odt 13/13
Act, 1971 in case of termination being available, this Court would not
entertain the writ petition in its extraordinary jurisdiction particularly
when the said effective alternate remedy is available.
11. With the above observations, writ petition is disposed of
leaving the petitioner to take up alternate remedy. Rule accordingly.
No order as to costs.
We record our appreciation for the services rendered by
Advocate Ku. K.K. Pathak acting as 'Amicus Curiae'.
JUDGE JUDGE
ssw
