Annual capacity fixation requires a speaking order; non-speaking determination calls for fresh adjudication and remand.

Annual capacity fixation under Section 3A must be made by a proper speaking order; where the Commissioner's determination is not so communicated, an effective appeal against that non-speaking or non-existent order cannot be treated as barred by delay. The Tribunal followed its earlier view that the correct course is to require fresh adjudication by the jurisdictional Commissioner with observance of procedure and principles of natural justice. The delay application was dismissed as infructuous, and the matter was remanded for de novo consideration and re-fixation of annual capacity by a speaking order.

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Issues: Whether the order fixing annual capacity under Section 3A, not communicated as a speaking order by the Commissioner, could sustain the delay issue and whether the matter required remand for fresh adjudication.

Analysis: The capacity determination was made by the Commissioner under Section 3A, but it was not issued in the form of a speaking adjudication order. In such circumstances, the Tribunal applied its earlier view that no effective appeal against a non-speaking or non-existent order could be treated as barred by delay, and that the proper course was to require a fresh speaking order by the competent Commissioner after observance of the procedure and principles of natural justice.

Conclusion: The application for condonation of delay was dismissed as infructuous, and the matter was remanded to the jurisdictional Commissioner for de novo consideration and re-fixation of annual capacity by a proper speaking order.

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