ORDER :

1. This appeal is filed against the final judgment and order dated 10th July, 2007 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.388/1999 whereby the High Court dismissed the appeal filed by the State-appellants herein.

2. The respondent was a workman. He was working in one store department of the State. His services were terminated by the State-appellants herein. This led to making of a Reference by the State under Section 10 of Industrial Disputes Act, 1947 before the Labour Court at Gandhidham being LCR No.405/1996.

3. The State remained ex-parte and did not contest it. The Labour Court by award dated 30th April, 1998 answered Reference against the State and in favour of the respondent (workman). The Labour Court on the basis of evidence adduced by the respondent (workman) held that the respondent worked for more than 240 days continuously in one calendar year, therefore, he was entitled to the protection of labour laws. It was held that respondent’s services were terminated without following the due procedure prescribed under the Industrial Disputes Act and hence it was held to be a case of an illegal retrenchment. The Labour Court accord