JUDGMENT :

K.M. Thaker, J.

This petition is directed against the order dated 13.5.2010 passed by the Labour Court, Bhavnagar in Recovery Application No.17 of 2005.

1.1 By the impugned order, the Labour Court has directed the petitioner – Bhavnagar Municipality {hereinafter referred to as “the Municipality”} to pay to the respondent a sum of Rs.52,800/- being the amount short-paid towards pension i.e. the difference between the amount payable and the amount actually paid towards pension for a period of 44 months (difference @ Rs.1,200/- p.m. from October 2001 to February 2005) with interest at 9% to be calculated from 7.3.2005.

2. So far as the factual aspects are concerned, it emerges from the record that the respondent herein was a permanent employee of the petitioner - Municipality.

2.1 Since the respondent reached the age of superannuation fixed under the Rules, he was declared superannuated, w.e.f. 30.9.2001.

2.2 As per applicable Rules, upon his retirement, the respondent was entitled for pension. Before the payment of pension could actually commence upon completion of the formalities required to be finalised for payment of pension, an industrial dispute, which was raised by the res