Improperly constituted tribunal decision set aside, with the matter restored for fresh hearing by a valid bench.

A composite tribunal decision could not be sustained where three of the four separate judgments in a five-member bench were written after one member had already retired, leaving the decision improperly constituted. The Supreme Court held that the judgments and order under challenge could not stand on that footing and restored the matter to the tribunal for fresh hearing and disposal by a properly constituted bench.

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Issues: Whether the tribunal's judgments and order could stand when part of the bench's judgments were written after one of the members had retired, and whether the matter should be restored for fresh disposal.

Analysis: The judgments under challenge were delivered by a five-member bench, but three of the four separate judgments were written after the author of the fourth judgment had already retired. On that footing, the composite decision could not be sustained.

Conclusion: The appeal was allowed and the matter was restored to the tribunal for fresh hearing and disposal by a properly constituted bench.

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