WPSS No.884 of 2005 Hon’ble Tarun Agarwala, J. Heard Mr. Kovit Bhatt, the learned counsel holding brief of Mr. Sharad Sharma, the learned senior counsel for the petitioner. The petitioner is a trade union in the Kichha Sugar Company Ltd., which is a company registered under the Companies Act, 1956. The petitioner has prayed for a writ of mandamus commanding the respondents to provide promotional pay scale of Supervisory (C) i.e. Rs.1400-2200 to the members of the petitioner’s union in accordance with the Mittal Committee’s Report. In my opinion, the writ petition is not maintainable against the respondents since the court finds that respondent no.2 does not come within the meaning of ‘State’ as defined under Article 12 of the Constitution of India. The mere fact that 51 percent of the shares of the respondent company are held by the Uttaranchal State Sugar Corporation Limited does not make the said company a State within the meaning of Article 12 of the Constitution. The disputes between the petitioner and the respondent no.2 can easily be settled by raising an industrial dispute under the Industrial Disputes Act. The writ petition is, accordingly, dismissed. (Tarun Agarwala, J.) Dated 25.06.2010 LSR