In a landmark ruling, the Tripura High Court has declared that the Payment of Gratuity Act, 1972, applies to Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs). This decision came in response to a writ petition filed by these workers, who are engaged under the Intensive Child Development Services Scheme (ICDS) at various Anganwadi centres across the state.
Justice S Datta Purkayastha, presiding over the case, directed the respondents to make the payment of gratuity to the petitioners as per their eligibility under the Act, along with interest at seven per cent annually, from 30 days after their retirement until the payment is made.
The petitioners, whose employment was terminated upon reaching the retirement age of 60 between 2021 and 2023, sought gratuity and other post-retirement benefits. However, their initial requests were denied by the Director of Social Welfare & Social Education, Government of Tripura.
Despite a previous state- government scheme offering pensions and one-time financial benefits to retired AWWs and AWHs, the denial of gratuity led the petitioners to seek legal recourse. The court’s ruling mandates the payment of gratuity to these workers, highlighting that the provisions of the Payment of Gratuity Act, 1972, are indeed applicable to them.
The Court referenced a similar case from the Bombay High Court, where employees of an autonomous body successfully claimed pensionary benefits. However, Justice Purkayastha clarified that the current case differs as it involves the statutory interpretation of the Payment of Gratuity Act, which inherently covers AWWs and AWHs.
