Judgment

HIDAYATULLAH, J.:- The State of Maharashtra appeals against the judgment and order of the High Court of Bombay dated November 8, 1963 by which the High Court set aside the conviction of one Purshottamdas Ranchhoddas (since deceased and represented by his widow) and the fine imposed on him, under Section 92 of the Factories Act, 1948 read with Rule 3-A of the Bombay Factories Rules, 1950. Only one question arises in this appeal and it is the true construction of Section 85 of the Factories Act on which different views have been expressed by the High Court and the Court below.

2. Purshottamdas Ranchhoddas was a lessee from the Port Trust Bombay of an open plot of land. He established a factory called the Sunderdas Saw Mills. He closed down the factory on April l, 1957. In July 1957, the ex-workers of the factory combined together to form five partnerships and by agreements of leave and licence, Purshottamdas Ranchhoddas gave in their use the premises of the factory and the machinery installed there. He himself did not join any of the five partnerships. The licensees were to pay a fixed sum for the use of the premises and the machines. It appears that some of the workers who we