MANIBEN MAGANBHAI BHARIYA Vs. DISTRICT DEVELOPMENT OFFICER DAHOD

JUDGEMENT

(1.) I have had the advantage of going through the judgment penned by my brother Abhay S. Oka, J. I entirely agree with the conclusions which my erudite Brother has drawn, based on the remarkable process of reasoning. I wish to add few lines and express my views not because the judgment requires any further elaboration but looking for the question of law that emerged of considerable importance.

(2.) The moot question which has been raised in the instant appeals for our consideration indeed is a question which may not only determine the rights of the contesting appellants working as Anganwadi workers/helpers who are discharging a pivotal role in the society at the grassroot level and are the role model of the ICDS scheme which is one of the extended arm of the Ministry of Women and Child Development, at the given time, it may also give a thought process to the Legislature to consider as to whether the applicability of gratuity being a social security measure, be extended to the employees who served the establishment in an organized or unorganized sector and, in one way or the other, contributing in the sustainable development of the nation.

(3.) Looking to the large number of persons working in the organized/unorganized sector by passage of time, different social security legislations have been introduced in this largest democratic country, which can be divided into two broad categories, namely, the contributory and non-contributory. The contributory laws are those which provide for financing of the social security programmes by contributions paid by employees and employers and in some cases supplemented by contributions/grants from the Government. At the same time, we have major non-contributory laws such as the Employee's Compensation Act, 1923, the Maternity Benefit Act, 1961 and the Payment of Gratuity Act, 1972 with which we are presently concerned.