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Judgment
The appellant at the relevant time was working with the respondent-Company as a skilled worker. He filed a writ petition under Article 226 of the Constitution of India before the Delhi High Court challenging his super-session for the post of Fitter Grade I by persons allegedly junior to him. The High Court dismissed the writ petition in limine on the short ground that the respondent-Company, namely M/s. Modern Food Industries (India) Ltd. was not a State or an Authority within the meaning of Article 12 of the Constitution of India and as such no writ petition was competent.
Learned counsel for the respondent-Company concedes that so far as the respondent-Company is concerned it has been held to be a State under Article 12 of the Constitution of India by the Gujarat High Court in Modern Food Industries (India) Ltd. v. M.D. Juvekar, (1988) 1 Guj R 481, (1988) 1 Guj LH 232.
We, therefore, allow the appeal, set aside the order of the High Court and send the case back to the High Court for rehearing, on merits. The respondents will be at liberty to raise all points regarding the maintainability of the writ petition as well as on merits.
The appeal is allowed with costs. We quantify the costs at Rs 5000.
(1988) 1 Guj LR 481 : (1988) 1 Guj LH 232