SANJIV KHANNA, J.:

.1. The respondent-Bharat Aluminium Company Limited is no longer a Government of India undertaking and was privatized pursuant to a tripartite share purchase agreement dated 2nd day of March, 2001. The petitioner, Mr. Asulal Loya had filed the present writ petition on 28th September, 1991 challenging his order of termination of service by the respondent company. A preliminary issue has been raised by the respondent company that the present writ petition is no longer maintainable and no relief can be granted against the respondent company as it is not a “State” or “other authority” under Article 12 of the Constitution of India. The petitioner, on the other hand, contends that the writ petition when it was originally filed against the respondent company was maintainable and it would be unjust and unfair to “non-suit” the petitioner after so many years. It is also stated that ordinary rule of litigation is that rights of the parties stand crystalised on the date of commencement of litigation and right to relief should be decided with reference to the date on which the petitioner entered portals of the Court. This principle was applied by the Supreme Court in the

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