Balakrishnan, J.

In an earlier decision reported in Thomas v. Cochin Refineries Ltd. (1982 KLT 553 = AIR 1982 Kerala 248) it was held that the Cochin Refineries Ltd. is not an "instrumentality of the State' within the meaning of Art.12 of the Constitution. These Original Petitions were filed under Art.226 of the Constitution challenging the administrative action of the Cochin Refineries Ltd. The petitioners seek re-consideration of the view taken in Thomas v. Cochin Refineries Ltd. (1982 KLT 553 = AIR 1982 Kerala 248) and they contend that the Cochin Refineries Ltd. is an instrumentality of the State under Art.12 of the Constitution. The learned single judge before whom these petitions came up for consideration was pleased to refer the matter to the Division Bench,

2. Petitioners in these Original Petitions contend that the view taken by the learned judge in Thomas' case is not correct in view of the various decisions of the Supreme Court on the point and also due to the subsequent change of ownership of shares of the respondent company.

3. The Cochin Refineries Ltd. is a Company incorporated under the Companies Act. The Company is engaged in refining petroleum products. A