JUDGMENT 1. These four special appeals are directed against the common order dated October 15, 1992 of the learned Chief Justice whereby the writ petitions have been dismissed with no order as to costs. The petitioner-appellant claimed that the Rajasthan Shops and Commercial Establishments Act, 1958 (hereinafter referred to as the Act of 1958) is not applicable to it and the prescribed authority has committed an error in applying the Act of 1958 to its shop. The learned single Judge held that the word "employee" as defined in Section 2(5) of the Act of 1958 covers a person working in the clerical or other staff of a factory whereas establishment deals with shops or commercial establishments. Be that as it may, the learned single Judge further held that being employees of the shop run by the Ganganagar Sugar Mills Ltd., the Act of 1958 is applicable and as their services have been terminated without complying with the provisions of Section 20A of the Act of 1958 the termination was quashed by the prescribed authority and that order has been sustained by the learned single Judge while dismissing the writ petitions. Aggrieved against this order of the learned single Judge, it has been claimed by the petitioner-appellant in the memo of appeal that the Ganganagar Sugar Mills Ltd. is a company almost exclusively held by the Government, the Government has deep and pervasive control over it and, therefore, it comes within the category of an office under the Government as defined in Section 3(a) of the Act of 1958. This is a totally new plea raised for the first time before us. It is not a pure question of law. For establishing whether the Ganganagar Sugar Mills Ltd. is an office under the Government it has to be established whether the Government has deep and pervasive control over it and the factual matrix about it was not laid down in the writ petition or before the competent authority under the Act of 1958. Under these circumstances, such a plea which is based on mixed question of law and fact cannot be allowed to be raised for the first time at the appellate stage. 2. Under these circumstances, such a plea which is based on mixed question of law and fact cannot be allowed to be raised for the first time at the appellate stage. 2. The learned single Judge has held that the respondents being employees of the shop run by the Ganganagar Sugar Mills Ltd. the Act of 1958 will apply to it and, therefore, the services of these employees could not have been terminated without complying with the provisions of Section 20A of the Act of 1958. However, this plea that the Government has a deep and pervasive control over the petitioner-appellant company and, therefore, according to Section 3A of the Act of 1958 it stands exempted from the application of the Act of 1958 itself has not been decided by the learned single Judge and, therefore, it will be open to the appellant to raise this plea in proper proceedings before the appropriate authority and get it decided by placing necessary facts before it. This question its left open to be decided by the competent authority but so far as these special appeals are concerned they have no force and deserve to be dismissed. 3. Accordingly, the order of the learned single Judge is sustained and the special appeals are hereby dismissed, with the aforesaid observations:Appeal dismissed *******