T. Chatterjee, J.

1. The question that needs to be decided in these cases is whether Balmer Lawrie & Co. Ltd. is a 'State' within the meaning of Article 12 of the Constitution of India. This question has been referred by the Hon'ble Chief Justice to me due to difference of opinion between him and Hon'ble Mr. Justice Subhra Kamal Mukherjee. An appeal was preferred by Balmer Lawrie & Co. Ltd. being APO No. 408 of 2001 which was respondent No.1 in the writ application filed under Article 226 of the Constitution. The said writ petition was registered as W. P. No. 778 of 1992. The said appeal was preferred against a judgment and order dated 27th March, 2001 passed by Ashim Kumar Banerjee, J. on which the aforesaid question as noted hereinearlier was also raised by the parties. On the question, whether Balmer Lawrie & Co. Ltd. is a 'State' within the meaning of Article 12 of the Constitution, Ashim Kumar Banerjee, J. felt that this question should be referred to a larger Bench to be constituted by the Hon'ble Chief Justice, as Ashim Kumar Banerjee, J. expressed dissent with the views expressed by Pinaki Ch. Ghosh, J. in another matter. Accordingly the matter was heard by the Hon'b