CHHANGANI, J.—This is a reference by the Sessions Judge, Jodhpur, and arises out of a complaint filed on 7.5.1963 by B.L. Agarwal, Inspector of Factories and Boiler against Shri I. S. Gill and Col. Sardar C. S. Angre, Manager and Proprietor respectively of the Jodhpur Cold Storage, Sojatigate, Jodhpur, in the court of City Magistrate, Jodhpur.

2. The material allegations on which the prosecution is founded are contained in para (3) of the complaint and may be set forth as follows —

That on 11.4.1963 the complainant inspected the premises of the Jodhpur Cold Storage and found that since 27th cf August, 1962, the said cold storage had been employing 13 workers for storing potatoes in the cold storage hall maintained with a 35 H. P. Motor Engine and for removing them from the cold storage hall, drying them, grading them and refilling them in the bags. The expression "grading" has been used as the English equivalent of the Hindi word "35337" which implies sorting out of potatoes. On the basis of the above mentioned activities carried on at the cold storage premises, it is claimed that the cold storage constitutes a factory within the meaning of sec. 2(m) of the Factories Act. It is furth

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