Ex parte order recalled for lack of effective notice; Tribunal restored the matter for fresh hearing to ensure substantial justice.

Where an ex parte order was passed without effective service of the hearing notice, the Tribunal exercised its inherent powers to secure substantial justice and recalled the order. The notice had been sent to the appellant's old address, so the appellant was not given an opportunity to participate in the proceedings. The matter was therefore restored for fresh hearing and directed to be decided again after granting a reasonable opportunity of hearing.

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Issues: Whether the Tribunal should recall its ex parte order passed without service of hearing notice on the appellant and post the matter for fresh disposal.

Analysis: The hearing notice had been sent to the appellant's old address and the appellant had not been afforded an opportunity to participate in the proceedings. In such circumstances, the Tribunal invoked its inherent powers to secure substantial justice and restore the matter for hearing afresh.

Conclusion: The impugned order was recalled and the matter was directed to be heard and decided afresh after granting a reasonable opportunity of hearing to the appellant.

Ratio Decidendi: Where an ex parte order is passed without effective service of hearing notice, the Tribunal may exercise inherent powers to recall the order and restore the matter to ensure substantial justice.

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