(1) LEAVE granted.

(2) ON 13/10/1999 while condoning delay, notice was issued in the Special Leave Petition and it was directed that the notice shall indicate that the respondents may show cause why the matter may not be remanded to the High court for proper disposal in accordance with law.

(3) LEARNED Attorney General is present. He fairly submits that subsequent to the impugned order of the High court, a judgment has been rendered by this court in Laghu Udyog Bharati v. Union of India, 1999 (112) ELT 365, which necessitates a fresh consideration of the writ petition, dismissed in limine, by the High court, on merits.

(4) WE, accordingly, allow the appeal and set aside the impugned order dated 28/05/1999 and remand the writ petition to the High Court for its fresh disposal on merits keeping in view the law laid down in Laghu Udyog Bharatis case (supra).

(5) THE appeal is allowed. No costs.