Natural justice required fresh adjudication where effective hearing and promised cross-examination were denied, leading to remand.

Denial of an effective hearing and the promised opportunity to cross-examine witnesses rendered the adjudication incomplete under principles of natural justice. The Tribunal treated cross-examination as essential to test the allegations against the appellants and their employees, and held that fresh adjudication was required. The matter was remanded for de novo decision with an opportunity for cross-examination and a fresh hearing. If witness presence could not be secured, the adjudicating authority could proceed after informing the appellants and allowing them to make submissions, with the appellants directed to cooperate in the process.

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Issues: Whether the matter required remand for fresh adjudication on account of denial of effective hearing and the promised opportunity of cross-examination.

Analysis: The Tribunal found substance in the grievance that the appellants had not in fact been afforded an effective hearing and that the promised cross-examination of witnesses had not taken place. Since such cross-examination was treated as essential to establish the allegations against the appellants and their employees beyond doubt, the adjudication was considered incomplete in the light of the principles of natural justice. The lapse of time was noted, but the Tribunal directed cooperation from the appellants and observed that, if witness presence could not be secured, the Commissioner could proceed after intimating the appellants and allowing them to make submissions.

Conclusion: The matter was remanded to the adjudicating authority for de novo adjudication with an opportunity of cross-examination and fresh hearing.

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