disabling tabs of tab continer & viewstate error

i have a tab conatiner with 5 tabs each having gridview populated with data
if a control is visible true on page load

on post back ie a button click the tabs are made enabled true/false depending on the record count for the grid
if count is 0 the tab will be disabled (but gets visible=false)

i have javascript also using the tabindex
when i click another button
i get errro

Failed to load viewstate.  The control tree into which viewstate is being loaded must match the control tree that was used to save viewstate during the previous request.  For example, when adding controls dynamically, the controls added during a post-back must match the type and position of the controls added during the initial request.

how do i rectify it
or is there ay way by which the tabs can be made enabled=false not visible= false