B. N. KIRPAL, C. J.

( 1 ) EVEN more than two decades after the question first arose, the Counsel are still debating on the question as to what is a state, within the meaning of Article 12 of the Constitution of India. That is the principal contention raised in this appeal filed by a Public Limited company, challenging the judgment of the learned single Judge, who had allowed a writ petition filed by five er six employees, whose services had been terminated.

( 2 ) RESPONDENTS Nos. 2 to 6 were working with the appellant, which, inter alia, carries on the business of manufacture and sale of fertilizar, and that the terms and conditions of recruitment and service were regulated by the Service Rules framed by the appellant. Rule 44 contained a provision, which enabled the Company to discharge or determine services of an employee after his confirmation. The said Rule, inter alia, provided that after confirmation, an employee in Grade I or grade II may be discharged from service of the Company "for sufficient reasons by the Competent Authority", after giving him three months notice in writing in that behalf, or salary in lieu of such notice.

( 3 ) THE Managing Director of the company pass

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