(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

The only question that arises in these cases is whether `Gujarat State Fertilizers and Chemicals Limited' and ` Narmada Valley Fertilizers Company Limited' are `State' within the meaning of Article 12 of the Constitution of I A Division Bench of this Court in Gujarat State Fertilizers Company Ltd. Vs. Association of Officers, G reported in 1995(2) GLH 179 answered the question in negative, and held that Gujarat State Fertilizers Company not a `State' within the meaning of Article 12 and not performing any public duty or function. Learned counsel parties brought to the notice of the Court a Government Circular dated 14th March 2008 bringing the af Companies within the ambit of State Public Sector Undertakings. Therefore, the question has been referred to the Bench to determine whether the Division Bench in Gujarat State Fertilizers Company Ltd. Vs. Associa Officers, G.S.F.C. reported in 1995(2) GLH 179 laid down a correct law or not.

2. For determining the issue, it is relevant to notice certain facts, majority of which were noticed by the Division in the earlier judgment. Gujarat State Fertilizers and Chemicals Lim