Ex parte adjudication cannot stand without effective hearing and proper notice; matter remanded for fresh decision.

An ex parte adjudication order should not be sustained where the appellants were not effectively heard and the record does not satisfactorily show proper service of the personal hearing notice. The article notes that only one opportunity of hearing had been given, the defence was not considered, and a further opportunity was required in the interest of justice before deciding the matter on merits. The order was therefore set aside and the matter remanded for de novo adjudication with effective opportunity of hearing to the appellants.

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Issues: Whether the ex parte adjudication order deserved to be set aside and the matter remanded for fresh adjudication on the ground that only one opportunity of personal hearing was afforded and the defence of the appellants was not effectively considered.

Analysis: The order had been passed in the absence of the appellants' defence. Only one opportunity of personal hearing had been granted, and the record did not satisfactorily show issuance or service of the notice for personal hearing. In these circumstances, a further opportunity was required in the interest of justice before deciding the matter on merits.

Conclusion: The ex parte order was set aside and the matter was remanded to the Commissioner for de novo adjudication with effective opportunity of hearing to the appellants.

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