Gopal Sri Ram JCA:

[1] This appeal concerns a short but important point of principle. It has to do with the meaning of the term 'workman' appearing in s 2 of the Industrial Relations Act 1967 ('the Act') and whether the instant appellant comes within the statutory definition. Initially, after the delivery by the parties of the statement of case and statement in reply, the respondent invited the Industrial Court to adjudicate upon this question as a preliminary issue. That Tribunal having declined the invitation, the respondent moved the High Court which quashed the refusal and issued mandamus compelling the Industrial Court to hear and determine the point as a preliminary issue before proceeding to hear the case on its merits. In compliance with that order the Industrial Court proceeded to determine the question. It took evidence and heard argument on the issue. Later, it made an award in the appellant's favour. It ruled that he was a workman within the Act.