O R D E R

********

Admittedly, the petitioner is working as a Driver in Tamil Nadu State Transport Corporation and the workman governed under Section 12(3) of the Industrial Disputes Act. Thus, the adjudication is to be done before the competent Labour Court for resolving the issue. The High Court cannot conduct such an adjudication with reference to the documents and evidence in a writ proceedings.

2.The principles, in this regard, are settled by this Court in W.P.

(MD)No.10416 of 2009 and 2926 of 2020, dated 25.07.2019 and the relevant paragraphs are extracted hereunder:

“45.This Court is of an undoubted opinion that the power of judicial review under Article 226 of the Constitution of India is well defined. Repeatedly, the Supreme Court held that the judicial review under Article 226 of the Constitution of India is directed, not against a decision, but the decision making process. Of course, a patent illegality and / or error apparent on the face of the decision which goes to the root of the decision, made various decision making process. In the event of no such decision or in the event of no such actions on the part of the respondents, in a writ petition, then the High Court cannot