Unresolved issues after an incomplete prior direction justify rehearing before the same Bench with interim stay of proceedings

Where an earlier judicial direction has not been properly carried out and material issues remain unresolved, the matter may be placed before the same Bench for further consideration and disposal. The Court directed the reference to be listed again before Division Bench I and ordered that proceedings before the Tribunal remain stayed until that hearing. No view was expressed on the merits, and the direction was limited to compliance with the earlier order and interim protection pending reconsideration.

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Issues: Whether the matter should be taken up again by Division Bench I and the proceedings before the Tribunal stayed until then.

Analysis: The order records that the earlier direction of the Division Bench was not effectively followed, and that the President's handling of the reference had left material questions unresolved. In these circumstances, the Court considered it appropriate that the matter be placed before the same Division Bench for further consideration. The Court also directed that the proceedings before the Tribunal remain stayed until that date.

Conclusion: The matter was directed to be placed before Division Bench I on 8 April 1997, and the Tribunal proceedings were stayed in the meantime.

Final Conclusion: The dispute was sent back for consideration by the earlier Division Bench, with interim suspension of the Tribunal proceedings, and no view was expressed on the merits.

Ratio Decidendi: Where an earlier judicial direction has not been properly carried out and material issues remain undecided, the appropriate course is to place the matter before the same Bench for compliance and further disposal, with interim orders as necessary.

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