- (1.) THIS writ petition has been filed' by the petitioner challenging an order of transfer dated April 3, 1990 contained in Annexure 5 to the writ petition. A preliminary objection is raised by learned counsel for the respondents about the maintainability of the writ petition. It is stated that respondents are not authorities, instrumentality or agency of the State within the meaning of Article 12 of the Constitution of India. Therefore, they are not amendable to writ jurisdiction of this Court.
(2.) THE petitioner has in his writ petition stated that respondent no. 1 is a non-statutory corporation and is fully Governed under Indus-! trial Employment Standing Orders Act, 1946. On this plea the petitioner has filed this writ petition and he is of the opinion that the respondents are amendable to the writ petition of this Court, as according to him, respondents are agency or instrumentality of the State. There is nothing in the writ petition to show as to why respondents can be termed as agency or instrumentality of the State nor it is spelled out as to what are the attributes of the respondents so as to include them within the 'list of authorities, agency or instrumentality for the purpose of Article 12 of the Constitution.
(3.) ELEVEN percent share is held by U. P. Government. Rest of' the share-capital of the Company is held by the private companies and public at large through shares.;