Natural justice breach in adjudication: undisclosed post-hearing material led to setting aside the order and remand.

Reliance on material collected after the personal hearing, without supplying copies to the appellants before the adjudication order, breached the principles of natural justice and fair hearing. The Tribunal noted that the undisclosed documents were later furnished during appellate proceedings, confirming that the impugned order had been based on material not disclosed to the appellants. As the defect affected the fairness of the adjudication itself, the impugned orders were set aside and the matter was remanded for fresh adjudication after granting an opportunity of hearing.

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Issues: Whether the adjudication order was vitiated for breach of the principles of natural justice on account of reliance upon material collected after the personal hearing without supplying copies to the appellants, and whether the matter was liable to be set aside and remanded for fresh decision.

Analysis: The adjudicating authority relied upon information received from the Assistant Commissioner of Labour after the date of personal hearing, and the material was not furnished to the appellants before the order was passed. The Tribunal found that the same documents were later supplied during the proceedings before it and that the impugned order had been made by relying on material not disclosed to the appellants. This rendered the adjudication contrary to the requirements of fair hearing and natural justice. On that basis, waiver of pre-deposit was granted and recovery stayed for hearing of the appeal. Since the defect went to the fairness of the adjudication itself, the appeal could not be finally decided on the existing record.

Conclusion: The adjudication order was held to be in breach of natural justice, the impugned orders were set aside, and the matter was remanded for fresh adjudication after granting an opportunity of hearing.

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