Obligation to afford personal hearing in representation proceedings
Administrative authorities directed by courts to consider employee representations regarding wage parity and service regularization are under a strict legal obligation to afford an effective opportunity of hearing. A mere paper consideration or mechanical disposal of representations without granting the affected workmen or their representatives a chance to present their case violates natural justice. When higher judicial forums explicitly mandate that a personal hearing or representation through legal advisors must be permitted, bypassing this requirement invalidates the resulting administrative decision. The opportunity of hearing ensures that factual discrepancies regarding service periods, duties discharged, and emoluments due are ironed out transparently before a final decision is reached. Denying this vital participatory right defeats the very purpose of remanding the matter back to the competent authority for a reasoned evaluation. Authorities cannot treat such procedural directions as empty formalities that can be ignored at their whim without inviting severe judicial disapproval. Ensuring compliance with natural justice builds confidence in the administrative process and prevents arbitrary executive outcomes. Therefore, any order passed in blatant disregard of the mandated hearing protocol is legally unsustainable and liable to be set aside. (Gurupada Bera & Ors. v. Binod Kumar & Ors. | 2026 INSC 20)