1. THIS appeal is directed against the judgment of Basak, J., whereby the learned Judge discharged the rule nisi obtained by the appellants on their application under Art. 226 of the Constitution.

2. THE appellants are the partners of the firm K. M. P. Products. They are also the partners of the firm kalooram Mahadeo Prasad. That firm manufactures edible oil. It is alleged by the appellants that they have entered into an agreement with the firm Kalooram Mahadeo prasad to this effect that the appellants would pack up oil belonging to the said firm in tin containers in lieu of remuneration. Respondent 1, the Regional Provident Fund Commissioner, west Bengal, by his letter, dated 25 May 1970, directed the appellants to comply with the provisions of the Employees provident Funds Act, 1952, and the Employees' provident Funds Scheme, 1952 (hereinafter referred to as the Act and the scheme)on the ground that the appellant's establishment was a scheduled industry as it had been manufacturing edible oil within the meaning of S. 2 (i-a) of the Act, Thereafter a correspondence ensued between the appellants and respondent I. The appellants denied that their establishment was a schedul