K.M. Thaker, J.

1. Heard Mr. Doshi, learned advocate for Mr. Majumdar learned advocate for the petitioner and Mr. Pawar, learned advocate for the respondent.

2. In this petition, the petitioner has brought under challenge order dated 6.2.2007 passed by learned labour Court, Ahmedabad whereby the learned labour Court rejected the Recovery Application filed by present petitioner by invoking provisions under Section 33(C-2) of the Industrial Disputes Act, 1947 [hereinafter referred to as the "Act"].

3. So far as the factual background is concerned it has emerged from the record of present petition that the petitioner herein filed an application under Section 33(C-2) of the Act and raised claim/demand for sum of Rs. 2,65,500/- against present respondent. The said application was registered as Recovery Application No. 378 of 2006.

3.1. Upon receipt of the notice from the learned Court with regard to the proceedings of the said recovery application, the original opponent in the application (i.e. present respondent) filed application Exh. 7 and raised preliminary objection against