Adjournment request ignored in tribunal proceedings justified recall of the earlier order and fresh hearing

A tribunal order may be recalled where an adjournment request, shown to have been sent by registered post, was not considered before the earlier order was passed. Proof of dispatch supported the finding that the matter had been decided without taking the pending adjournment application into account. On that basis, the order was recalled and the case restored for fresh hearing.

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Issues: Whether the Tribunal's earlier order should be recalled on the ground that an adjournment application said to have been sent by registered post was not taken into account, and whether the matter should be restored for hearing.

Analysis: The Tribunal accepted that the adjournment application had been sent by registered post and that proof of dispatch was produced before the Bench. In these circumstances, the prior order was treated as having been passed without considering the adjournment request, warranting recall of the order and restoration of the matter for hearing.

Conclusion: The recall application was allowed and the Tribunal's earlier order was recalled with a fresh hearing date fixed.

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