- (1.) Issue rule nisi on the Writ Petition. The Writ Petition shall be heard by a Constitution bench of five Judges on 7/01/1986 as first item on Board on that date.
(2.) So far as the application for interim relief is concerned, there will be stay of transfer of Writ Petition under Article 32 of the Constitution pending in this court and the Registry of this court will continue to receive Writ Petition under Article 32 which may be filed hereafter. This court will be entitled to deal with the Writ Petition under Article 32 and pass orders in those Writ Petition.
(3.) So far as the Writ Petition under Article 226 of the Constitution pending in the High courts as also suits or appeals pending in the subordinate courts are concerned, there will be no order of stay, subject to the following conditions: (1) Appointments of 'judicial' Members of the tribunal to be made hereafter shall be in consultation with the chief justice of India. However, appointments already made will not be disturbed. (2) Each bench of the tribunal will consist of one Judicial Member and one non-judicial Member and in case of difference of 459 opinion between them, the case shall be referred for decision to the Chairman of the tribunal. (3) Where no bench of the Tribunal is located at the place where there is seat of the High court, any application or petition in regard to the matters covered by the Act will be filed in the Registry of the High court and as soon as such application or petition is filed, intimation shall immediately be sent to the Beach of the tribunal having jurisdiction over that area and if there is an application for interim relief made in such petition or application, a member of the bench will make himself available at the seat of the High court for hearing the application for interim relief within one week from the receipt of the intimation and until then, status quo as on the date of the filing of the application for interim relief shall be maintained. One member of the tribunal will also in such case be available at the seat of the High court at least once in every 10 days unless there is no application or petition for interim relief for hearing within the period of 10 days and in any event he shall be available at the place where the seat of the High court is situate not later than 14 days from the date when an order for interim relief has been made by him. This provision will apply not only to new cases which may be filed but also to pending cases, except those cases where interim relief has already been refused by the High court prior to 1/11/1985. The bench of the tribunal will also in such case not take up for final hearing any applications or petitions except at the place where the seat of the High court is situate. The bench of the tribunal may go on circuit for this purpose.;