JUDGMENT :

1. The challenge of the petitioner (hereafter ‘employer’ for short) in this writ petition filed under Articles 226 and 227 of the Constitution of India, is to the judgment and order dated November 13, 2021 passed by the Industrial Court, Thane. By this order, the revision application filed by the respondent (hereafter ‘the employee’ for short) was allowed. The Industrial Court thereby set aside the order passed by the Labour Court dated September 28, 2017 below Exhibit ‘C-8’ framing the preliminary issue “Does complainant prove his status as an employee under the provisions of the MRTU & PULP Act?” The Industrial Court directed the Labour Court to frame all issues and directed the parties to lead evidence on those issues.

2. The brief facts which need to be stated are thus. The employee joined the services of the employer as a Junior Engineer on September 16, 1999. The employee was promoted as an Assistant Engineer on October 1, 2010. The employee applied for study leave in order to complete his Ph.D. course on March 24, 2011. The employer granted the study leave with effect from April 21, 2011 to April 20, 2013 without pay and allowance subject to terms and conditions enu