Raj Kishore Prasad, J.

1. This rule has been issued by the High Court, on an application, under Article 226 of the Constitutoin, presented by the petitioners. They have asked for a writ in the nature of certiorari to call up and quash the proceedings started by opposite party No. 3, under Section 92 of the Factories Act, 1948 (Act LXIII of 1948), hereinafter referred to as "the Act".

They have further prayed for a writ of mandamus against opposite party No. 2, who is the Inspector of Factories, Patna Circle, directing him noli to demand any. licence, or licence fee," under the Act, from the petitioners, in respect of their establishment. Cause has been shown against the rule by the Government Advocate on behalf of the opposite party.

The Inspector of Factories, Patna Circle, opposite party No. 2, has also sent his replies on the points raised by the petitioners.

2. The petitioners case is that they own an establishment, of Ghanies (manufacture of oil), and Chakkis (flour milling), ill Mahalla Morchapur, police station Chauk, Patna City, in which only two employees work; and; as such it is not a factory within the meaning of the Act, and, therefore, the provisions of the Act