PANCHMAHAL DISTRICT PANCHAYAT Vs. BALVANTBHAI KALUBHAI PAGI

JUDGEMENT

(1.) Heard Mr. H.S. Munshaw, learned advocate for the Petitioner, Mr. Dipak Dave, learned advocate for the Respondent No. 1 and Mr. Kurven Desai, learned AGP, for Respondent No. 2.

(2.) Panchmahal District Panchayat has challenged the order dtd. 24/1/2020 passed by the Labour Court at Godhra in Recovery Application No. C-2. 102 of 2008 directing the Petitioners to release the benefit of pension in favour of the Respondent No. 1.

(3.) Mr. Dipak Dave, learned Counsel for the Respondent No. 1, would submit that orders akin to the orders passed in the recovery application in the present petition was a subject matter of challenge by the Panchayat, where the applications were rejected and the Petitioners/workmen had to approach this Court by filing Special Civil Application Nos. 12350 of 2016 and allied matters. The Court, having examined the Scheme of the Resolution dtd. 17/10/1988 together with the judgment of this Court in Tribhovan Jerambhai v. Deputy Executive Engineer., reported in [ 1998 (2) GLH 1]., had set aside the orders passed rejecting the recovery applications and also considered resolution dtd. 24/3/2006 which is pressed into service by the learned Counsel for the Petitioners. The Coordinate Bench of this Court in paras 11 to 15 of the decision held as under: