Short Note : 1. The short facts giving rise to this application are that applicant No. 1 is a Company registered under the Companies Act, 1956. This Company owns a Textile Mill at Ujjain. A complaint was made to the State Government that the said Textile Mill was closed for more that 90 days and an offence was committed by the Company. The State Government authorised Shri Wahiduddin Qureshi to file complaint under the Industrial Disputes Act, 1947, and, accordingly a complaint was filed by him. The applicants raised objection to the jurisdiction of the Chief Judicial Magistrate Ujjain to entertain the case, and also prayed for exemption from appearance on every date. The learned lower Court rejected both the prayers. It appears that the complaint was filed under section 25 (o) read with section 25 (r) of the Industrial Disputes Act, according to which the allegation against the applicants was that they all of a sudden closed the working of Mill on 6-4-1977 without giving 90 days prior notice to the State Government, as contemplated by section 25 (o) of the said Industrial Disputes Act as amended in 1976. Held : The learned counsel for the non-applicant submitted that in view of the latest decision of the Supreme Court reported in 1978 Labour and Industrial cases 1537 (Excel v. Union of India) section 25 (o) and 25 (r) of the Industrial Disputes Act, 1947, have been declared ultravires and unconstitutional, according to which now the case filed against the applicants does not survive. He therefore, submitted and conceded that in view of this decision the application deserves to be allowed. 2. In the result, this petition is allowed, the order passed by the learned trial Court is set-aside and the proceedings pending against the applicant are quashed. 1978 Labour and Industrial Case 1537 relied on. Revision allowed.