J.B. Pardiwala, J. - (1.) The respondents, although served with the notice issued by this Court, yet have chosen not to remain present before this Court either in person or through an advocate and oppose this Second Appeal.
(2.) This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 is at the instance of the original defendant and is directed against the judgment and order dated 23rd March 2018 passed by the 6th Additional District Judge, Gondal in Regular Civil Appeal No.37 of 1999 arising from the judgment and decree dated 26th February 1999 passed by the 2nd Joint Civil Judge (Senior Division), Gondal in Special Civil Suit No.47 of 1988.
(3.) For the sake of convenience, the appellant herein shall be referred to as the 'original defendant' and the respondents herein shall be referred to as the 'original plaintiffs'. 4 The respondents - original plaintiffs before this Court are the legal heirs of late Kanaksinh Jivansinh Jadeja. Late Kanaksinh Jivansinh Jadeja was serving as an Executive Engineer with the Paschim Gujarat Vij Company Limited i.e. the appellant herein - original defendant. The plaintiff preferred the Special Civil Suit No.47 of 1988 for a declaration and injunction. He prayed for a declaration that his retirement age should be 60 years and not 58 years. The suit was filed on the premise that although the plaintiff is an Executive Engineer, yet he is a workman under the provisions of the Industrial Disputes Act, 1947 (for short, the 'Act, 1947').;