Child Development Project ... vs Vinaben Babubhai Sharma
2022 Latest Caselaw 4405 Guj

     C/SCA/14848/2019                                ORDER DATED: 26/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14848 of 2019

                                 With
             R/SPECIAL CIVIL APPLICATION NO. 14849 of 2019
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 14850 of 2019
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                  CHILD DEVELOPMENT PROJECT OFFICER
                                Versus
                       VINABEN BABUBHAI SHARMA
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1,2
GOVERNMENT PLEADER for the Respondent(s) No. 2
MR YOGEN N PANDYA(5766) for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 26/04/2022

                               ORAL ORDER

1 In all these petitions under Article 226 of the Constitution of India,

the prayer of the petitioner is to quash and set aside the order dated

31.08.2017 passed by the respondent No.2 i.e. Controlling Authority

under the Payment of Gratuity Act, 1972 at Nadiad, Dist. Kheda and

directing to pay petitioners gratuity under the provisions of the Payment

of Gratuity Act, 1972.

2 The Hon'ble Supreme Court in the case of Maniben Maganbhai

Bhariya vs. District Development Officer, Dahod & Ors., in Civil

Appeal NO. 3153 of 2022, had the occasion to consider the rights of

C/SCA/14848/2019 ORDER DATED: 26/04/2022

anganwadi workers / helpers in discharging a pivotal role in the Society.

Examining the issue in context of the legislations, especially under the

Payment of Gratuity Act, after extensively reproducing the definitions

therein, the Hon'ble Supreme Court in paragraphs 30, 31, and 32 held as

under:

"30. I may add here that the Government of India by a notification dated 3rd April 1997 has notified educational institutions as establishments under clause (c) of sub-section (3) of Section 1 of the 1972 Act. In the Anganwadi centres, the activity of running a preschool for the children in the age group of 3 to 6 years is being conducted. It ispurely an educational activity. The job of teaching is done by AWWs and AWHs. The State Government is running pre schools in Anganwadi centres in accordance with Section 11 of the RTE Act.

31. For the reasons recorded above, I have no manner of doubt that the 1972 Act will apply to Anganwadi centres and in turn to AWWs and AWHs. In the impugned judgment, the Division Bench was swayed by the view taken by this Court in the case of Ameerbi which was followed by the Delhi High Court in the case of Bhartiya Anganwadi Kamgar Union (Regd.) (supra). These decisions, for the reasons recorded earlier, have no bearing on the issue involved in these appeals. The learned Single Judge was right in holding that the 1972 Act was applicable to AWWs and AWHs. The Controlling Authority has granted simple interest at the rate of 10% on the overdue gratuity amounts. All eligible AWWs and AWHs shall be entitled to the benefit of interest.

32. Hence, I allow the appeals and set aside the impugned Judgment dated 8th August 2017 of the Division Bench of Gujarat High Court and restore Judgment of the learned Single Judge dated 6th June 2016 in Special Civil Application no. 1219 of 2016 and other connected cases by holding that the provisions of the 1972 Act apply to AWWs and AWHs working in Anganwadi centres. Within a period of three months from today, necessary steps shall be taken by the concerned authorities in the State of Gujarat under the 1972 Act to extend benefits of the said Act to the eligible AWWs and AWHs. We direct that all eligible AWWs and

C/SCA/14848/2019 ORDER DATED: 26/04/2022

AWHs shall be entitled to simple interest @10% per annum from the date specified under sub-section 3A of Section 7 of the 1972 Act."

3 In view of this, the petitions are dismissed. The order of the

Controlling Authority as well as the Appellate Authority are confirmed.

Amount that is deposited before the Appellate Authority shall be paid to

the respondent workman within a period of four weeks from the date of

receipt of copy of this order. Interim relief stands vacated.

(BIREN VAISHNAV, J) Bimal