JUDGMENT

THOMMEN, J.:—Special Leave is granted.

2. This appeal by the Union of India. arises from the judgment dated 7-12-1988 of the Delhi High Court in Civil Writ No. 1060 of 1987 (Reported in (1990) 40 Delhi LT 179) setting aside orders dated 22-10-1986 and 4-31987. The former order was made by a Bench of two members of the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter called theTribunal) and the latter order was made by the President of Tribunal. By their Order dated 22-10-1986, the Bench of two members of the Tribunal stated that they doubted the-correctness of an earlier decision of a Bench of three members of the Tribunal in Bakelite Hylam Ltd., Bombay v. Collector of Customs, Bombay (1986) 25 ELT 240 and directed that the case of the present respondent, Paras Laminates (P) Ltd., be placed before the President of the Tribunal for referring it to a larger Bench of the Tribunal. The President by his Order dated 4-3-1987 referred the case to a larger Bench of five members. These two orders were struck down by the High Court stating that the Bench of two members ought to have followed the earlier decision of the larger Bench of 3 Judges (members?) and a refer