( 1 ) IN D. B. Civil Writ Petition No. 236/1984, following question has been referred to the Larger Bench by the order dated 16. 12. 2005 passed by the Division Bench of this Court headed by the then hon'ble Chief Justice and one of us (Hon'ble Mr. Justice Prakash tatia):-

"whether Hindustan Zinc Limited is 'state' or 'any other authority' within the meaning of Article 12 of the constitution of India ?"

( 2 ) THE facts of the case of D. B. Civil Writ Petition No. 236/1984 are that the petitioner, an employee of the respondent-Company, appointed in the year 1968, faced disciplinary proceedings wherein order of termination of his service was passed on 23. 12. 1983 (Annex. 31) which was challenged by the petitioner by preferring S. B. Writ Petition No. 236/1984 before the single bench of this Court on 11. 1. 1984. According to the petitioner, the respondent Hindustan zinc Limited, a company registered under the Companies Act, 1956, is Government of India Enterprise and is an instrumentality of the union of India and the Union of India completely controls its functions and activities. The respondent-company raised preliminary objection that the respondent-Hindustan Zinc