It is at the date of the agreement that the establishment must satisfy the description given in the words "any establishment referred to in sub section (1)" for it is only then that it can be said that the agreement was made by the licensee with an establishment referred to in sub section (1) of section 22 A." It is difficult to agree with the proposition set forth in the above extract of the judgment of the learned Single Judge because if the agreement referred to in sub section (3) of section 22 A of the Act is an agreement entered into by a licensee with an establishment which is, at the time of the agreement, an establishment referred to in sub section (1) of section 22 A of the Act, then the provision in sub section (3) making it applicable to agreements made before the commencement of the Electricity (Amendment) Act, 1959 by which section 22 A was introduced becomes meaningless because the formation of the two opinions of the State Government that an establishment is being used or intended to be used for maintaining supplies and services essential 487 to the community and that it is necessary to issue of direction in respect of it under sub section (1), can only be done after section 22 A of the Act was introduced in the Act and there would be no establishment satisfying the requirements of section 22 A(1) before section 22 A was introduced.