Court dismisses application due to non-service of notice, upholds prior orders emphasizing natural justice

The High Court dismissed the appellant's misc. application seeking the recall of an order due to non-service of hearing notice. Despite multiple attempts, the appellant could not be reached as notices were returned unserved. The Tribunal emphasized the importance of natural justice and upheld the dismissal of the appeal, stating there was no justifiable reason to interfere with previous orders. The appellant's claim of not being given an opportunity to be heard was deemed baseless, leading to the decision to dismiss the application based on procedural rules and principles of natural justice.

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Issues:
1. Recall of order due to non-service of hearing notice.
2. Compliance with principles of natural justice in issuing notices.
3. Appellant's claim of violation of principles of natural justice.

Analysis:
1. The case involved a misc. application seeking the recall of an order dated 21.9.2015 in ST Appeal No. 1661/2011 on the grounds that the order was passed without hearing the appellant as the hearing notice was not served. The appellant argued that the notice was returned unserved, leading to non-attendance at the hearing. The High Court had previously directed the appellant to file an application seeking the setting aside of the previous order due to lack of notice, which resulted in the Tribunal recalling its order and fixing a new hearing date.

2. The Tribunal issued multiple notices to the appellant, but they were returned unserved with remarks stating that the appellant was not available at the given address. Despite repeated attempts and multiple notices being sent, the appellant failed to be reached. The Tribunal emphasized the importance of natural justice, highlighting that the appellant cannot claim a lack of opportunity to be heard when they consistently could not be contacted at the provided address. The Tribunal found that the appellant's contention of not being given a chance to be heard was baseless, especially considering the repeated unsuccessful attempts to serve notices.

3. The Tribunal ultimately dismissed the misc. application, stating that there was no justifiable reason to interfere with the previous orders. The appellant's argument of not being given an opportunity to be heard was deemed untenable due to the repeated failures to serve notices. The Tribunal upheld the decision to dismiss the appeal based on the default clause in the order dated 21.9.2015. The judgment emphasized the importance of compliance with procedural rules and the principles of natural justice in legal proceedings, ultimately leading to the dismissal of the appellant's claim.

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