JUDGMENT

Raju, J.-The above appeals have been filed by the Mysore Paper Mills Ltd. (hereinafter referred to as the Appellant-Company against the judgment of a Full Bench of the High Court of Karnataka dated 12.8.98 in W.A. Nos. 1242-1243, insofar as it was held therein that the appellant-company is "State" within the meaning of Article 12 of the Constitution of India, though, their appeals against the order of the Single Judge came to be allowed on the ground that impugned order of transfer against the 2nd respondent was not shown to be vitiated by malafides or by any extraneous considerations and that the respondents have no legal right to challenge the said order of transfer made on administrative grounds, when plea of alleged malafides and vindictiveness has not been substantiated.

2. The second respondent, said to be a Post-Graduate in Chemistry joined the services of the appellant-company on 10.8.91 as Management Trainees and after successive career prospects came to be promoted as senior Superintendent (D.M. Plant) which came to be redesignated as Assistant manager (D.M. Plant) on 7.9.91. By a memorandum bearing reference No. FPA/TRF/97/384 dated 27.11.97 he was transferr