Tribunal must decide appeals on merits; default dismissal was invalid and the matter had to be reheard.

The Tribunal cannot dismiss an appeal for default and must decide it on merits; applying that Supreme Court principle, the Bombay HC treated the Tribunal's earlier order as invalid and required the appeal to be disposed of afresh on merits. The reference was not answered, and each party was directed to bear its own costs.

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Outcome: The reference was not answered. The Court indicated that, in view of the Supreme Court's decision that the Tribunal cannot dismiss an appeal for default and must decide it on merits, the Tribunal's earlier order was invalid and the appeal had to be disposed of afresh on merits. Each party was directed to bear its own costs.

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