Court : Gujarat
Decided on : Jul-27-2015
Oral Judgment: Rajesh H. Shukla, J. 1. The present O.J. Appeal is directed against the impugned judgment and oder passed in Civil Suit No. 2 of 2015 by this High Court (Coram: S.R. Brahmbhatt, J.) dated 5.5.2015 in a matter under the Designs Act, 2000 regarding the infringement, etc. on the grounds stated in the Memo of the Appeal. 2. It is contended, inter alia, that the interim relief restraining the appellant and respondent Nos. 2 and 3 original defendants from marketing, selling, advertising directly and/or indirectly dealing in air cooler on the ground that it is similar to the registered design of the respondent is contrary to law as well as the material on record. It is contended that the learned Single Judge has failed to appreciate that the High Court of Gujarat had no jurisdiction to try and entertain the suit under sec. 22 of the Designs Act, 2000 read with sec. 20 of the Civil procedure Code, 1908 as it is a composite suit. It has been contended that the learned single Judg...
Tag this Judgment!Court : Gujarat
Decided on : Apr-29-2015
1. As all the appeals arise from the common judgment and order passed by the learned Single Judge, they are being considered simultaneously. 2. We may also record that for the sake of convenience, hereinafter, the employee union shall be referred to as the union/employees and the employer ONGC Ltd. shall be referred to as ONGC/employer. 3. The short facts of the case appear to be that ONGC had sanctioned post of about more than 800 in numbers, however, for the mode of recruitment, it appears that ONGC called for the names from the Employment Exchange instead public advertisement in the newspaper. When the names were called for from the Employment Exchange for the posts in question, it was provided for a term of four years. It appears that thereafter, the interview call letters were issued and after conducting the interviews, the Appointment Orders were issued as per the inter se merit of the available candidates. It appears that the terms and conditions at the time of appointment to th...
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