JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is filed against the final judgment and order dated 18.12.2007 passed by the High Court of Judicature of Rajasthan in D.B. Civil Special Appeal (Writ) No.1417 of 1997 whereby the High Court allowed the appeal filed by the respondent.

2. Facts of the case lie in a narrow compass. They are stated infra.

3. The appellant is a Government company engaged in manufacture of certain items. It is now declared as a sick company.

4. The respondent (workman) claimed that he worked with the appellant Company as a casual helper in its manufacturing plant from 10.06.1976 to 30.07.1977. He complained that by an oral order; the appellant on 31.07.1977 terminated his services and, therefore, since 31.07.1977 he is no longer in the employment of the appellant.

5. The termination of the respondent, therefore, gave rise to the industrial dispute between the parties. The State, on the prayer made by the respondent (workman), referred the dispute under Section 10 of the Industrial Disputes Act (for short “the Act”) to the Labour Court, Jaipur on 03.11.1983, for its adjudication.

6. The parties contested the Reference on merits before the Labour Court. By awa