For the institution of suit (Civil Law)

This query is : Resolved

Author : Azhar

PRO CHAT CALL

Posted On 21 August 2012 at 21:19

sir client came to me who is working in the company (private) for last couple of years and company has not give his p.f of last couple of yeas and it is due therefore i send a notice of 15 days. now company has not replied for such notice so my i file the suit after prescribed period in the court where my client is residing or i have to file the suit where respondent company is situated and which court can entertain such suit can u help me ?

Expert : Sudhir Kumar

PRO CHAT CALL

Posted On 22 August 2012 at 07:07

As per EPF & MP Act 1952, civil courts are barred from entertaining civil suit in such matter.

He has to complaint to the concerned RPFC against employer requesting for initiation of action under sectin 7A of the Act.

In case the employer has deducted employee share and not deposited it is cognizable offence under section 406 IPC.

Expert : AAK

PRO CHAT CALL

Posted On 22 August 2012 at 09:51

It is not the company which is releasing the money.. its the PF authorities from whom u r getting this benefit. As rightly advised by Mr.Sudhir, u have to approach PF authorities for the remedy.

Expert : venkatesh Rao

PRO CHAT CALL

Posted On 22 August 2012 at 10:45

The enforcement offcier under RPFC has to file complaint u/s 200 Cr.P.C. before jurisdictional magistrate under paragraph 76 of EPF & MP Act.
If the PF contribution is deducted out of salary and not deposited with notified bank within time prescribed, the company is laible under 408 IPC and the Enforcement officer may file a complaint before police.

Expert : M V Gupta

PRO CHAT CALL

Posted On 22 August 2012 at 19:14

Rightly advised by the experts. No need to file a suit. Aproach the PF authorities and claim the pf by submitting therequisite application forms. I think Employers certificate or signature would be necessary.

Author : Azhar

PRO CHAT CALL

Posted On 22 August 2012 at 21:24

thank for reply sir