Similarly while constituting Tribunals, the Legislature can prescribe the qualifications/ eligibility criteria. In his opinion the reference also included the dispute relating to the sums of Rs. If the court in exercise of judicial review is of the view that such tribunalisation would adversely affect the independence of judiciary or the standards of judiciary, the court may interfere to preserve the independence and standards of judiciary. Constitution of 411(3) A Technical Member Appellate Tribunal: (1) The shall be a person of proven Central Government shall, by ability, integrity and notification in the Official standing having special Gazette, constitute with knowledge and experience, of effect from such date as may not less than twenty-five be specified therein, an years, in law, industrial Appellate Tribunal to be finance, industrial called the "National Company management or administration, Law Appellate Tribunal" industrial reconstruction, consisting of a investment, accountancy, Chairperson and not more labour matters, or such other than two Members, to be disciplines related to appointed by that Government, management, conduct of for hearing appeals against affairs, revival, the orders of the Tribunal rehabilitation and winding up under this Act.

2,10,251-4-0 which had been entered in the Thanathu maral accounts of appellant 1 and the respondent and that this part of the reference contravened the order passed by the High Court in C. Thereafter, the Constitution Bench categorically dealt with the Constitutional validity of NCLT and NCLAT under the caption Whether the constitution of NCLT and NCLAT under Parts 1B or Service]; or (b) is, or has been, a (b) is, or has been, in Joint Secretary to the practice as a chartered Government of India under the accountant for at least Central Staffing Scheme, or fifteen years; or any other post under the Central Government or a State Government carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India for at least five years and has adequate knowledge of, and experience in, dealing with problems relating to company law; or (c) is, or has been, for at (c) is, or has been, in least fifteen years in practice as a cost accountant practice as a chartered for at least fifteen years; accountant under the or Chartered Accountants Act, 1949 (38 of 1949); or (d) is, or has been, for at (d) is, or has been, in least fifteen years in practice as a company practice as a cost secretary for at least accountant under, the Costs fifteen years; or and Works Accountants Act, 1959 (23 of 1959); or (e) is a person of proven ability, integrity and standing having special knowledge and experience, of not less than fifteen years, in law, industrial finance, industrial management or administration, industrial reconstruction, investment, accountancy, labour matters, or such other disciplines related to management, conduct of affairs, revival, rehabilitation and winding up of companies; or (f) is, or has been, for at least five years, a presiding officer of a Labour Court, Tribunal or National Tribunal constituted under the Industrial Disputes Act, 1947.

Such an exercise will be part of the checks and balances measures to maintain the separation of powers and to prevent any encroachment, intentional or unintentional, by either the legislature or by the executive. It was pointed out that in the 2010 judgment, the Constitution Bench took the view that since the NCLT would now be undertaking the work which is being performed, inter alia, by High Court, the technical Members of the NCLT/NCLAT should be selected from amongst only those officers who hold rank of Secretaries or Additional Secretaries and have technical expertise.

He, however, held that the reference to the arbitrators which included matters in dispute in the suit comprised questions of title in relation to immoveable properties in Burma, and so it was without jurisdiction and invalid. (2) The Chairperson of the Appellate Tribunal shall be a person who has been a Judge of the Supreme Court or the Chief Justice of a High Court. He thus upheld these two 217 contentions raised by the appellants and set aside the reference and the award.

The same is however subject to Judicial Review. (2) 10-FR (2) Section 411(3) 10FR. (3) A Member of the Appellate Tribunal shall be a person of ability, integrity and standing having special knowledge of, and professional experience of not less than twenty-five years in, science, technology, economics, banking, industry, law, matters relating to labour, industrial finance, industrial management, industrial reconstruction, administration, investment, accountancy, marketing or any other matter, the special knowledge of, or professional experience in which, would be in the opinion of the Central Government useful to the Appellate Tribunal.

It was against this order that the respondent preferred C. Other allowances:-In view of the paucity of evidence on the subject, the Board decided that the fixation of conveyance and other allowances should be left to collective bargaining between the working journalists and the newspaper establishments concerned.