( 1 ) THE first appellant Modern Food Industries (India) Ltd. also known as Modern Bakeries (India) Ltd. a Government Company registered under the Companies Act 1956 having its registered office at New Delhi and Units spread all over the country including Ahmedabad has filed this appeal against the order of R. C Mankad J. dated 8/10/1987 in Special Civil Application No. 1326 of 1980 (Reported in M. D. Juvekar v. Modern Bakeries (India) Ltd. 1987 (2) GLR 1375) whereby he set aside the order terminating the services of the respondent and directed his reinstatement in service with effect from 21/04/1980 the date of termination of his service with full back wages and continuity in service. Appellant No. 2 is the Chairman-cum-Managing Director of appellant No. 1. Appellant No. 3 is the General Manager of appellant No. 1 of the Ahmedabad Unit situate at Naroda Industrial Estate Ahmedabad.

( 2 ) THE appellants have raised three contentions in this appeal. They are: (1)WHETHER the Modern Food Industries (India) Ltd. a Government Company incorporated under the Companies Act falls within the definition of `the State under Art. 12 of the Constitution of India. Whether clause 2