H. L. Agrawal, J.

This is an appeal under section 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to only as 'the Act') by the Regional Director, Employees State Insurance Corporation, Patna, a statutory body under the Act (hereinafter referred to as the Corporation) from an order passed by the Employees' Insurance Court constituted under section 74 of the Act.

2. The question which arises for consideration in this appeal is whether respondent No. 2, namely, The Art Press, is a factory within the meaning of section 2 (12) of the Act.

3. An application under section 75 (2) of the Act was filed by the appellant in the Employees' Insurance Court [or the recovery of a sum of Rs. 699-00 from the respondents as employees' contribution for the period 1.6.1966 to 31.5.1967. According to the Corporation, respondent No.2 was a 'factory' within the meaning of section 2 (12) of the Act and that, therefore, it was liable to pay the employees' contribution. This claim was resisted by the respondents on the ground inter alia, that the respondent no. 2 was not a factory as defined in the Act, in as much as it employed less than twenty persons on any day during the period