EVERY WARE SERVICES Vs. EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) This appeal is directed against decision of the Commercial Court, Jaipur dtd. 23/9/2021 dismissing the suit of the appellant-plaintiff (hereinafter referred to as 'appellant') on the ground of limitation.

(2.) The relevant facts are that the appellant was successful bidder for computer maintenance etc. in Jaipur, Jodhpur, Udaipur, and Kota for the Employees Provident Fund Organization (for brevity 'EPFO'). The contract was for the period from 14/5/2003 to 13/5/2004. The work order was terminated qua Jodhpur and Jaipur vide communication dtd. 23/7/2003 and 24/11/2003 respectively. Aggrieved of the revocation of the work order, the appellant approached this Court by filing SBCWP No.7237 of 2004. The writ petition was allowed on 9/5/2005. The special appeal No.625/2005 filed by the respondent-defendant (hereinafter referred to as 'respondent') was disposed of by Division Bench of this Court on 5/7/2006, relegating the appellant to the alternative remedy. The certified copy of the order was received on 12/7/2006. On 30/6/2009, the appellant served a notice under Sec. 80 of Civil Procedure Code on respondent. On 1/9/2009, the suit was filed. The commercial court vide impugned judgment dismissed the suit as time barred holding that EPFO is not a government department and the period of notice shall not be excluded for computation of limitation.

(3.) Learned counsel for the appellant submits that the letter head of EPFO mentions Ministry of Labour, Government of India. The contention is that EPFO is State under Article 12 of the Constitution of India, therefore, notice u/s 80 of CPC was necessitated and Sec. 15 of the Limitation Act, 1963 (for short 'the Act of 1963') shall come into operation.