JUDGMENT :

Balakrishnan, J.—In an earlier decision reported in K.M. Thomas Vs. Cochin Refineries Ltd. and Others, AIR 1982 Ker 248 it was held that the Cochin Refineries Ltd. is not an "instrumentality of the State" within the meaning of Article 12 of the Constitution. These Original Petitions were filed under Article 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. (supra) and they contend that the Cochin Refineries Ltd. is an instrumentality of the State under Article 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. As far as the shareho