Error Apparent Test: overlooked precedent alone did not justify recall or rectification of the Tribunal order.

Omission to cite an earlier Tribunal decision did not, by itself, make the final order a nullity or create an error apparent from the face of the record. A rectification or recall application is maintainable only where the record discloses a patent mistake; a mere overlooked precedent does not justify reopening the order. The cited authorities were treated as supporting rejection of recall in the absence of any apparent error, and the rectification application was rejected.

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Issues: Whether the rectification of mistake application was maintainable on the ground that an earlier decision of the Tribunal had not been cited, and whether such omission constituted an error apparent from the face of the record.

Analysis: The earlier non-citation of a Tribunal decision did not render the final order void or a nullity. An order cannot be recalled merely because a relevant precedent was overlooked, and where the record does not disclose a patent mistake, rectification is not warranted. The cited authorities supported rejection of the claim for recall in the absence of an apparent error.

Conclusion: The Tribunal found no error apparent from the face of the record and rejected the rectification application.

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