Natural justice and opportunity of hearing required; tribunal order quashed and matter remanded for fresh adjudication.

An appellate order passed without affording the affected parties a reasonable opportunity of hearing cannot be sustained, as it suffers from procedural infirmity and violates fairness in adjudication. The Gujarat High Court held that the Tribunal's order, passed when the petitioners were absent from the hearing of the stay applications, was liable to be set aside. The matter was therefore remanded for fresh adjudication after granting both sides a proper opportunity to be heard on merits.

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Issues: Whether the appellate order of the Tribunal was liable to be set aside for having been passed without affording the petitioners an opportunity of hearing, and the matter remanded for fresh decision.

Analysis: The petition challenged the Tribunal's order on the ground that the departmental appeals were allowed when the petitioners were absent at the hearing of the stay applications. The lack of hearing went to the fairness of the adjudicatory process and constituted a procedural infirmity affecting the validity of the order. Where an order is passed without giving the affected parties an opportunity to be heard, the appropriate course is to set aside the order and direct a fresh consideration after hearing both sides.

Conclusion: The Tribunal's order was quashed and the matter was remanded for fresh adjudication after granting the petitioners an opportunity of hearing.

Ratio Decidendi: An order passed without affording a party a reasonable opportunity of hearing cannot be sustained and is liable to be set aside with a direction for fresh decision on merits.

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