ORDER :

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 dated 24.01.2020 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.

2.1 Assailing the order of the Labour Court in the Recovery Application, Mr.Munshaw, learned advocate, would submit that the respondent who was born on 10.04.1948 was offered work as a daily wager on 21.11.1976 without following the due procedure of recruitment.

He was offered work based on the availability of the work and funds. He was also extended the benefit of the Resolution dated 17.10.1988 on completion of service of five years as well as 10 years as a daily wager with effect from 01.11.2002 and 01.04.2007 respectively, as for such benefit, the pre condition of having worked for 240 days is required to be set aside.

2.2 Mr.Munshaw, learned advocate, would further submit that as the date of birth of the respondent No. 1 was 10.04.1948, he superannuated on 30