Smt. Smriti Irani
Honourable Minister for WCD
Government of India
Shastri Bhawan, New Delhi- 110 001
Sub:-Immediate measures for Implementation of the Supreme Court Order on Gratuity to Anganwadi Workers and Helpers and Improving their service conditions
Madam,
Today, 25 April 2023, one year will be completed after the pronouncement of the historic judgment of the honorable Supreme Court of India on 25 April 2022 on the issue of entitlement of Gratuity to the anganwadi workers and helpers.
As you may be well aware, that the Supreme Court of India in this landmark judgment said that the anganwadi workers and helpers must be considered as workers and are entitled for the gratuity under the Payment of Gratuity Act 1972.It further said that the remuneration received by them in the name of ‘honorarium’ must be considered as wages. SC has also directed the state and central governments to ‘find modalities for providing better service conditions to the anganwadi workers and helpers’.
We are surprised and shocked that for the last one year, the Ministry of WCD has totally ignored this order which is directly affecting the lives of nearly 26 lakhs women workers of our country.
It is a shame on the country that when we are celebrating the 75th anniversary of our Independence as ‘Amritkal’, half of our children are malnourished and the anganwadi workers and helpers who selflessly worked to make the country malnutrition free, taking the services to doorsteps since 1975 are not even been recognized as workers yet. They are not paid minimum wages or any other statutory entitlement as workers/employees. After dedicated service for decades, they are forcefully thrown out of service in the name of ‘retirement’ without any retirement benefit or pension.
The unanimous recommendations of 45th and 46th ILC on regularization, minimum wages and social security and pension to anganwadi workers and helpers have long been abandoned by the Ministry with the argument that they are ‘volunteers’. In the wake of the Supreme Court judgment, these recommendations need to be implemented.
The WCD ministry has time and again been quoting the earlier Supreme Court Order that the anganwadi workers and helpers cannot be considered as government employees within the present situation (even that SC order do not restrict the government from brining legislation for better working conditions for the anganwadi workers and helpers). It is surprising that the Ministry pretends to be totally unaware of the judgment.
We would like to inform you that through massive struggle, we could make the government of Karnataka agree for paying gratuity to the workers, but the government of India is yet to decide on its share in the implementation of it. This is apart from Gujarat where our union has won the legal battle in Supreme Court and now, we are making the government implementing the decision.Many state governments have already written to your Ministry for clarification regarding the share of expenses for implementation of the Supreme Court order, but unfortunately your ministry did not bother even to respond. Your ministry has not yet taken any measures to bring uniformity in the service conditions of the workers which varies from state to state. After 2018, the remuneration has not been revised by your ministry.
In this background, we, the anganwadi workers and helpers under the banner of All India Federation of Anganwadi Workers and Helpers (AIFAWH) are protesting throughout the country on 25 April 2023, the first anniversary of the Supreme Court verdict demanding the implementation of this landmark judgment upholding our fundamental rights and dignity as labour.
We once again request you to take urgent measures for the implementation of Supreme Court order by making necessary rules, adequate financial allocation for payment of gratuity, minimum wages and pension and also for the strengthening of ICDS.
Yours sincerely
A R Sindhu
General Secretary
Copy to:-Secretary, Women and Child Development, Government of India, Shastri Bhawan, New Delhi- 110 001
