JUDGMENT - F.I. REBELLO, J.:---The Petitioner was initially employed as a clerk with the respondent. The petitioner was promoted as Tour Executive vide company's letter dated 8th May, 1982. His services were terminated on 29th September, 1988. On petitioner raising an Industrial Dispute a Reference was made to the Industrial Tribunal. Petitioner and the respondents appeared before the Industrial Tribunal and filed claim statement and written statement respectively. Evidence was produced both oral and documentary. Based on the evidence, the Industrial Court by its Award dated 21st January, 1998 held in answer to the preliminary issue raised by the respondents herein that the petitioner was not a workman under section 2(s) of the Industrial Disputes Act, 1947. The present petition is to impugn the said order.

2.At the hearing of the petition learned Counsel on behalf of the petitioner contends that the Order of the Industrial Tribunal is liable to be set aside as it discloses errors apparent on the face of the record in as much as the Industrial Tribunal has not correctly applied the tests, for determining whether the petitioner was a workman within the meaning of section 2(s) of the

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