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Non deposition of pf amount & tds by employer (Labour & Service Law)

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This query is : Resolved


Author : Indrajeet Shinde

Posted On 24 August 2013 at 00:18

I was working with a listed company from June 2005 till November 2012, left company as the salaries were delayed by 30-40 days since june 2012.
I got relieving letter along with full and final statement including my pending salaries , gratuity, leave etc.

when i submitted PF withdrawal form, it was rejected on account that company has not deposited the amount, secondly company has not deposited the TDS deducted during April 12 to Nov 12 since it is not reflecting in Form 26AS. Right now iam not able to file IT return and have not got any reply to any communication with employer.

Please advice as to what should be done to recover the below:
PF Amount
Form 16
Full & final amount which includes gratuity, pending salaries, leave encashment etc. which is pending since Nov 2012.

Is there any law to recover my money immediately

The company is headquartered in Delhi and has defaulted FCCB since last Aug.

Regards,
Inder






Expert : Durgesh Bhushan

Posted On 24 August 2013 at 11:30

Dear First u intimate to company for u withdraw ur pf amount by a letter.
then u give a grievance agenst company on epfo webside http://epfigms.gov.in/HomePage.aspx?csession=UN6gmNfXuFZ&



Expert : Rajendra K Goyal

Posted On 24 August 2013 at 12:59

For TDS confirm from the company whether they have deposited the same or not. Sometime amount deposited by the employer is not shown in 26As form, if so the rectification can be done.

If the TDS was not deposited by the company, you may deposit the liability now with interest and penalty and file the return. It would save you from further penalty due to default. Claim the same from Company and if not paid, lodge a complaint to IT department and claim the same legally.

For PF already advised by the expert.



Expert : Sudhir Kumar

Posted On 24 August 2013 at 13:34

You are confusing PFG and TRD hence you have got the above advise whih I am not able to agree.

What trnapires from given fact is that company has deducted PF and not deposited in EPFO. You query is silent as to who attested the claim when company is apparently evader.

I feel so because you staed that

"when i submitted PF withdrawal form, it was rejected on account that company has not deposited the amount"

In such case you have to submit a written complaint to RPFC seeking action against the employer under section 7A of the EFPO Act. You also have to request that you should be permitted in the hearing so that you can refute any false submission.

In addition you can also seek copy of Form 3A and Form 6A (pertaining to your deposits) under RTI from RPFC.





Expert : Sudhir Kumar

Posted On 24 August 2013 at 13:35


Further deduction of employee share and its misappropriation amounts of criminal offence u/s 406/409 of IPC and if you have proof of deduction even local thana can take action on your complaint without waiting from directions of RPFC.



Expert : Kumar Doab

Posted On 24 August 2013 at 13:56

Learned experts have given valuable advice.
Kindly follow it.

You are in which state? The redg. Office/HO of the company is in which state?
Does the company have its certified standing orders and has it extended these to your designation? What is line of business of this company? What is your designation?

You have posted that:

“I got relieving letter along with full and final statement including my pending salaries , gratuity, leave etc.’ “Full & final amount which includes gratuity, pending salaries, leave encashment etc. which is pending since Nov 2012.”


This implies that company has only provided the FNF statement but has not disbursed the FNF dues.

You have given very long rope to this employer.

The limitation period in your case may be 3Y. Your employer may be watching with pleasure:::: it to expire.


First of all you may submit a carefully structured representation drafted by your lawyer by letter (thru redg. post) addressed to the good offices of appointing authority, MD, CEO, Chairman, Company Secretary…………..narrating all previous representations (mention date, name of company personnel/designation/dept/address, phone number, email id etc and brief minutes………) and conclude that you have been clamoring to get your dues, Form 16 etc………. and good offices have not willfully disbursed the payment to you and demand payment by Bank DD only thru redg. post only so as to reach you in next say……………7 days.


You may mention that postage prepaid self addressed envelope (as purchased from PO) is enclosed.


If the good offices maintain studied silence or do not provide any relief, issue legal notice thru your lawyer. Request your lawyer to include the concerned and responsible officials of the company in list of noticees and charge them by name…………..



Gratuity: Submit FormI as ap, even if your employer has determined and stated Gratuity in FNF statement. Employee can submit FromI 1M before the expiry of notice/last date in office. Hope you can read between the lines………………………..Approach Controlling Authority of Gratuity………………….



Form 16: You have a valid reason to lodge a complaint with ITO-TDS at your location where you file your return and jurisdictional CIT-TDS where company files its return.
There is provision of penalty to employer and you will get the feedback. You will get Form16.



PF; Lodge a complaint thru RPFC (under acknowledgment) at your location and demand the certified copy status of proceedings against the company, and recovery made by RPFC.
Log onto the website:
www.epfindia.gov.in
and check if this company is listed in list of defaulters and 7A proceedings are intiated.


Visit o/o Labor Commissioner, Controlling Authority (DLC -Gratuity) and check if this company has filed for closure………………………bankruptcy, liquidation etc


If the company is on such a way then note that payment of dues of “Workman” come in the last that too Pari Passu with Bank Dues.


{ You may go thru : The stacking order of priorities/preference of payment…………….
http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN

Labour & Service Law > Others > Company in liquidation}

Your lawyer may opine to file criminal complaint under 406, 420 pull the employer to wherever you can, obtain list of his assets, belongings and get your dues.


If the employer has been just sleeping over the matter as a habit and is financially healthy, you may not delay any more and approach every forum to extract your dues and be at peace.


Valuable advice of learned experts/members is sought.



Expert : Kumar Doab

Posted On 24 August 2013 at 14:00

While I was posting in the meantime Mr. Sudhir Kumar has posted his valuable advice.


Kindly follow it verbatim.



Expert : Sudhir Kumar

Posted On 25 August 2013 at 08:51

advise given by Mr Kumar Doab is more comprehensive.



Expert : Kumar Doab

Posted On 26 August 2013 at 20:18

Do obtain the copies of Form 3A and Form 6A and proceed to approach local thana as suggested by Mr. Sudhir Kumar.

You shall succeed to put your feet on the tail.


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