Appeal restoration restores the hearing opportunity, while maintainability must be independently decided at the admission stage.

Restoration of an appeal dismissed in the appellant's absence serves only to restore the matter to the stage at which it was dismissed and to provide an opportunity of hearing. It does not permit determination of the appeal's maintainability, as deciding whether the appeal lay before the Tribunal rather than by revision before the Central Government would amount to reviewing and replacing the earlier dismissal. The Tribunal's direction to restore the appeal for rehearing was sustained, while its finding on maintainability was set aside. Maintainability must be decided by the Tribunal through a reasoned order at the admission stage.

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Issues: Whether, while allowing restoration of an appeal dismissed in the absence of the appellant, the Tribunal could decide the appeal's maintainability.

Analysis: Restoration was warranted to afford an opportunity of hearing because the original dismissal followed an unrepresented hearing. Restoration merely returns the appeal to the stage at which it stood dismissed and does not determine its maintainability. A finding that the appeal was maintainable before the Tribunal, rather than by revision before the Central Government, could not be rendered in a restoration proceeding, since that would effectively recall and replace the earlier dismissal through review.

Conclusion: The Tribunal's direction restoring the appeal for rehearing was sustained, but its finding that the appeal was maintainable before the Tribunal was set aside. Maintainability remains open for determination by the Tribunal through a speaking order at the admission stage.

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