B. L. HANSARLA, C. J.

( 1 ) IS Tribal Development Co-operative Corporation of Orissa Limited (T D. C. C.) a 'stale'within the meaning of Article 12 of the Constitution? is the question which is required to he determined by us in this reference. Though a Bench of this Court in Baikuntha Swain v. Tribal development Co-operative Corporation of Orissa Ltd. , (OJC No. 521 of 1983, disposed of on 13-4-1990) had answred the question in negative, when this question came up before anot ier Bench, in this case necessity of 'another look' on the matter was thought marked for the reasons incorporated in the referring order dated 12-10-1990. It is because of this that we have heard the matter at length after providing full opportunities to all concerned to place before us all nesessary materials and to assist us otherwise in answering this important question. It is a matter of great satisfaction to us that we received valuable assistance from learned counsel of all the parties and We put on record our appreciation for the same.

( 2 ) THE question as to whet a body can be regarded as an instrumentality of the State has been subject-matter of a large number of decisions of the apex Court. For t