A.N.GROVER,J.

(1) THIS is an appeal from a judgment of the Punjab High court (Circuit bench, Delhi) involving the question of the validity of Rule 7 read with Rule 5 and its Schedule of the Delhi Factories Rules 1950 made under Section 112 of the Factories Act 1948, hereinafter called the Act. The impugned Rules relate to the grant of a licence for a factory and renewal thereof, the fees being prescribed by the Schedule to Rule 5.

(2) THE Delhi Cloth and General Mills Go. Ltd. operates within the Delhi area a number of industrial establishments which are factories within the meaning of Section 2(m) of the Act. The company has to pay a total sum of Rs. 12,775.00 as annual licence fee for all its factories in Delhi, the fees being calculated according to the Horse Power and the maximum number of workers to be employed on any day during the year as given in the Schedule. The maximum fee that is payable is Rs. 2,000.00 for a factory. The factiories can be run only after registration and under a licence granted under the Act and the Rules on payment of the prescribed fee. The licence is renewed every year under Rule 7 on payment of the same fee which is paid