Maintainability of appeal fails where dismissal is not on merits and no substantial question of law arises.

An appeal against dismissal of a tribunal appeal for non-compliance with a stay condition was held not entertainable because the impugned order was not one on merits and no substantial question of law arose. The Court noted that the appeal had been dismissed due to failure to comply with the conditional stay order and absence of representation, and observed that the appellant could approach the appellate authority to explain the non-appearance. The tribunal's order therefore remained undisturbed.

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Issues: Whether the appeal could be entertained against dismissal of the tribunal appeal for non-compliance with the stay condition and absence of any substantial question of law.

Analysis: The tribunal had dismissed the appeal because the conditional stay order had not been complied with and there was no representation on behalf of the appellant. The Court found no order on merits by the appellate authority and held that, in the absence of a substantial question of law, the present appeal could not be entertained. It also observed that the appellant could move the appellate authority to explain the non-appearance.

Conclusion: The appeal was not entertainable and was dismissed.

Final Conclusion: The dismissal by the Court left the tribunal's order undisturbed, and the appellant was left to seek appropriate relief before the appellate authority.

Ratio Decidendi: An appeal cannot be entertained where the impugned order is not one on merits and no substantial question of law arises.

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