JUDGMENT - R.M. LODHA, J.:---Heard Mr. Bukhari, learned Counsel for the petitioner.

2. The writ petition is liable to be dismissed since in our view the first respondent-Automotive Research Association of India cannot be said to be authority or agency or instrumentality of State within the meaning of Article 12 of Constitution of India and therefore, not amenable to writ jurisdiction.

3. The petitioner was working as Senior Purchase Officer with the first respondent (for short 'Association'). His services were terminated vide order dated 8-6-1999. The petitioner challenged his termination by filing complaint under Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (for short "MRTU PULP Act") but the said complaint came to be dismissed as petitioner was not held to be workman. Thereafter the present writ petition has been filed by the petitioner challenging his termination.

4. The Association is a society registered under the Societies Registration Act. Its registration office is situated at Pune. Inter alia, the objectives of association are to promote research and other scientific work connected with the design, development, manufacture and operation of motor vehicles, internal combustion engine and of products of industries and trades ancillary allied with or accessory thereto and to assist the research work of any association or institution whose objects include scientific and industrial research. The association has been set up by the Indian vehicle and automotive ancillary manufacturers and the Government of India, Ministry of industry as co-operative industrial research body to provide services to the industry in the fields of applied research and product development in automotive engineering. Almost all the vehicle manufacturers and major ancillary manufacturers are members of the association. The Memorandum of Association shows that seven persons viz. Lalchand Hirachand, (for and on behalf of Premier Automobiles Ltd.), S. Moolgaokar (for and on behalf of Tata Engineering Locomotive Co. Ltd.), J.C. Watson (for and on behalf of Ashok Leyland Ltd.), Keshub Mahindra (for and on behalf of Mahindra Mahindra Ltd.), M.A. Chidambaram (for and on behalf of Automobile Products of India Ltd.), M.V. Venkataraman (for and on behalf of Simpson Company Ltd.), N.K. Firodia (for and on behalf of Bajaj Tempo Ltd.) and C.B. Saran (for and on behalf of Ex-Cell-O India Ltd.) desired to form the society and until the Governing Council was constituted, an interim Governing Council of these person was appointed to manage the affairs of the association. The association comprises of four types of members viz. (a) ordinary members, (b) affiliate members, (c) nominated members, and (d) honorary members. Article 5 of Memorandum of Association relating to ordinary members reads thus---

"5. Ordinary members shall at the inception of the association be the signatories of the Memorandum of Association and thereafter shall include those as may from time to time be admitted by the Council.

Affiliate members shall mean and include manufacturers whose products are, in the opinion of the Council, principally engineering products other than products having substantive automotive applications. The admission of all members shall be at the discretion of the Council.

Nominated members shall be persons representing the Government or local bodies making substantial contributions to the funds of the association either in the nature of recurring or nonrecurring grants provided such nomination shall be governed by an agreement with the association.

Honorary members shall be persons whether entitled or not to become members under the above provisions but who are elected for membership by the Council for special services or special cause.

Provided always that an ordinary member or an affiliate member shall be a citizen of India or a body corporate established under and subject to the laws of this country having their princi

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