( 1 ) THE two applicants, who are partners of a firm owning premises in which the manufacturing process of converting paddy into rice by mechanical power is being carried on, have been convicted under Section 92 of the Factories Act. The first question is whether the premises are a factory or not. It is admitted by the applicants that they have employed seven workmen in the manufacturing process. When the premises were inspected by the Factory Inspector he found twenty workmen in the premises. Seven were admittedly the workers employed by the applicants for the manufacturing process and ten have been found by the courts below not to have been so employed. The remaining three persons were, according to the applicants, employed temporarily to repair the compressor which had gone out of order, but the manufacturing process was going on. Since the three men were employed in repairs of the compressor, which are incidental or connected with the manufacturing process, they have been held to be workers within the meaning of section 2 (k) of the Factories Act; I do not see anything wrong. Consequently there were ten workers working in the premises and the premises are a fact