Y.P.NARGOTRA, PERMOD KOHLI, B.A.KHAN
Firdous Ahmad Tanki – Appellant
Versus
J&K Bank Ltd. And State Of J&K – Respondent
1. We are called upon to answer this reference viz `Whether the Jammu and Kashmir Bank Ltd (hereinafter to be referred to as the `Bank) is a "State" or "Authority" or an "Instrumentality" or "Agency" of the State within the meaning of Article 12 of the Constitution of India and amenable to writ jurisdiction of this Court.
2. It would be convenient to make a brief reference to the back-ground which led to this reference before us afresh. In a petition filed by petitioner Firdous Ahmed Tanki, an employee of the respondent-Bank, a learned Single Judge of this Court referred the matter to Full Bench vide order dated 6-5- 1992 for answering the question referred to hereinabove. On receipt of this reference, the then Chief Justice vide his order dated 20-10-1992 referred the matter for consideration of the Full Bench. The matter accordingly came to be considered by the Full Bench on 2-11-1992. The Full Bench noticed an earlier judgment of this Court dated 9-12-1994 passed in LPA (W) No. 34/1984 titled Jagdish Chander Gupta Vs J&K Bank Ltd and accordingly the petition was admitted to hearing. The matter was finally heard and decided by a Full Bench of this Court vide ju
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