1. The only point taken on behalf of the petitioners who have been convicted of various offences under the Factories Act, 1948 (the conviction is really under S.92 of the Act which creates the offences and prescribes the punishment, but the provisions mentioned by the learned Magistrate are the provisions violated by the petitioners) is that their premises are not a "factory" as defined in S.2 (m) of the Act,

(b) because the 21 persons who were found working on the premises on 10-1-1957 were not "workers" within the meaning of S.2 (1), they being employees not of the petitioners but of Dw.1 a contractor to whom the petitioners had entrusted the work that was being done.

2. The evidence of Pw.1, a Factory Inspector who inspected the premises of the petitioners on 10-1-1957, that he found the 21 persons grading and packing cocoanuts into bags with a view to transporting them for sale, stands uncontradicted, and in view of the very wide definition in S.2 (k) a definition which expressly describes mere packing with a view to use, sale, transport, delivery or disposal (in other words packing per se, for all packing must be with a view to one or the other of the objects mention