Judgment :-

Dr. B.S. Chauhan, J.

1. These appeals have been preferred against the impugned judgments and orders of the High Court of Calcutta dated 30.1.2002 and 24.12.2002 in FMA No. 301/2001, CO. 2038/1993, WP. Nos. 778/1992, 2613, 2798 & 3169/2000, 1109/1998 and 1739/1996, by which the Calcutta High Court by a majority decision held that the Balmer Lawrie & Co. Ltd. – appellant, is a State within the purview of Article 12 of the Constitution of India, 1950 (hereinafter referred to as, the ‘Constitution’), and is thus, amenable to writ jurisdiction.

2. Facts and circumstances giving rise to these appeals are:

A. The appellant is a public limited company incorporated under the Indian Companies Act, 1956. The shares of the appellant company were originally held by Indo-Burma Petroleum Co. Ltd., Life Insurance Corporation, Unit Trust of India, General Insurance Corporation and its subsidiaries, Nationalised Banks and also by the public. Subsequently, in 2001 its majority equity shares, i.e. 61.8% of its shareholding, which was held by IBP Co. Ltd., was transferred to Balmer Lawrie Investments Ltd. (BLIL), a Govt. company in which 59% shares are held by the government.

B. The appellant co