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2015 (2) TMI 1273 - MADRAS HIGH COURTChange of composition of Full Bench - revision of seniority list of Engine Fitters - whether in a Full Bench of the Administrative Tribunal, the number of Administrative Members could be more than the number of Judicial Members? Held that: - The Administrative Tribunal itself contains a provision, which gives a very vague indication. While empowering the Chairperson of the Tribunal under Section 5(4)(d) to constitute a Bench comprised of more than two members, the Act circumscribes such a power through a Proviso to the effect that every Bench so constituted should include at least one Judicial Member and one Administrative Member. In other words, the bottom line prescribed by the Proviso to Section 5(4)(d) is that there should be one Judicial Member and one Administrative Member. This simply would mean that in a Bench of Three Members, all of them cannot be Judicial Members and all of them cannot also be Administrative Members. The Proviso to Section 5(4)(d) of the Administrative Tribunals Act, 1985 cannot be understood to mean that the Parliament contemplated a single Judicial Member to be a decorative piece in a Bench of more than two - in a Bench of more than two Members constituted by the Chairperson of the Administrative Tribunal, the number of Administrative Members cannot exceed the number of Judicial Members. Matter remitted back to the Tribunal for reconstitution of the Full Bench - petition allowed by way of remand.
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