ORDER

This appeal by the State of Gujarat is directed against the judgment of the Division Bench of the Gujarat High Court which upheld the judgment of the learned single Judge of the said High Court. The question for consideration in this appeal is, whether the Forest Department in the State of Gujarat wherein the respondent was appointed as a Clerk can be held to be "an industry" within the meaning of the said expression under the Industrial Disputes Act (for short "the Act") so that an order of termination, without complying with the provisions of Section 25-F of the Act would get vitiated.

2. Be it stated that the appointment to the post of Clerks, Clerks-cum-Typists and Typists in the State of Gujarat is governed by a set of rules framed under proviso to Article 309 of the Constitution of India called "Gujarat Non-Secretariat Clerks, Clerks-Typist and Typists (Direct Recruitment Procedure) Rules, 1970 (for short "the Recruitment Rules"). In 1982, the Conservator of Forests wanted two clerks to be appointed but, as in accordance with the prescribed procedure no candidate could be made available, the respondent was appointed on a purely temporary basis on 8.9.1982 and continued as