Provident fund and gratuity
Susmita
(Querist) 28 March 2017
This query is : Resolved
Hello respected Sir.
I have some queries regarding Provident fund and gratuity claim. Kindly help.
1. I was an employee in a private company worked for 15 years since 1997 to 2015.
2. In the year 2000, the company told me to resign from the said group and joined another branch of said group.
3. I accordingly resigned the company and 3 years P.F and gratuity was given to me and on the next day of resignation appointed me in another branch of said company.
4. They did not opened my P. F account.
5. As i am doing my work properly i was appreciated and in the year 2011 transfered to foreign country.
5.On 2015 they illegally terminated me (foreing country).
6.I fought for PF and gratuity at that court for the year 2011 -2015 and got the amount in lesser amount. Unable to prefer appeal due to financial condition.
Now i want to claim my gratuity and PF amount while i was in India working period.
But the question arose here:-
1. As 2000 to 2011 they have not opened PF account whether i am able to claim PF? If yes, where?
2.Whether Consumer court is also a right forum to claim PF and gratuity?
Sudhir Kumar, Advocate
(Expert) 30 March 2017
when you were paid PF on next date,it means that they were not depositing the same in EPFO.
now they are not depositing against.
subkit written complaint to RPFC, requesting for action under section 7A and also for your presence in the 7A proceedings
krishna mohan
(Expert) 30 March 2017
I agree with expert Mr.Sudhir Kumar advise. But you need to prove that it is a continuous employment and you have been transferred within the group if you have document show. Once continuous employment is proved you can claim for gratuity also.
Susmita
(Querist) 31 March 2017
Thank you Experts for your kind advise. Yes, I have proof of continuous service. But as I have not raised question about the P.F account number, the company didn't provide that number and illegally terminated me. As I don't have p.f number I can't approach P.F office for my legal dues. But it is the company's work to give P.F a/c no. To employee. So where I can raise this issue? Please clear me.
krishna mohan
(Expert) 31 March 2017
Now a days PF allots permanent account no. irrespective of employment migration. Hence your first pf account no. will do and you can check the details online. Also employer need to provide you annual statement.
Susmita
(Querist) 31 March 2017
In the year 2000, as they cleared my dues for 3 years,PF ac was closed. On new appointment I.e. in next very datebof resignation they didn't provide me P.F number.
krishna mohan
(Expert) 31 March 2017
Is PF deducted from your account? If yes you can do as appropriate.
Susmita
(Querist) 31 March 2017
No. Not deducted even. But its a big company with more than 20 employee. And they are not providing P.F to employee.
Sudhir Kumar, Advocate
(Expert) 31 March 2017
There is no need to prove continuous employment as far as EPFO is concerned.
You are probably confused or trying to confuse.
How could PF be cleared (if deposited in EPFO) without your claim?
If it was not deposited then it was a case of evasion and EPFO will take action if you report.
refusing to get confused I repeat
submit written complaint to RPFC, requesting for action under section 7A and also for your presence in the 7A proceedings
krishna mohan
(Expert) 31 March 2017
You can make claim or complain when you are in employment. It appears you have been terminated and no PF deduction. Hence I am of the view you realize your right very late. However nothing like trying as suggested by Expert Sudhir Kumar.
Susmita
(Querist) 31 March 2017
Dear Sudhir sir.
There is no confusion. I think I didn't make you understand properly.
When I was appointed 97 there is P.F and Gratuity. In 2000 they told me to resign. And settled full and finally. Therefore, next day I got appointment in a subsidiary company which is small one. In 2003 the said company merged with the previous company. And I became employee in previous company again. But no wishper abt p.f.was not mentioned since 2000. After 10 year I get appreciation and then shifted to Oman and then terminated there. In Oman there is no system of p.f. Oman court grant only gratuity from 2011-15 and not 2000 - 2011. I didn't get my bonus, p.f gratuity of this period has not been granted to me.
Sudhir Kumar, Advocate
(Expert) 01 April 2017
you are not able to explain
"And settled full and finally"
whether got PF also, if yes from company or from EPFO. If from EPFO did you apply by filling claim form.
Sudhir Kumar, Advocate
(Expert) 01 April 2017
"But no wishper abt p.f.was not mentioned since 2000. "
any complaint to EPFO?
Sudhir Kumar, Advocate
(Expert) 01 April 2017
" Oman court grant only gratuity from 2011-15 and not 2000 - 2011."
Have you claimed?
Sudhir Kumar, Advocate
(Expert) 01 April 2017
"In Oman there is no system of p.f."
In case you have made no complaint to EPFO then the system does not operate for you even in India.
Sudhir Kumar, Advocate
(Expert) 01 April 2017
You have now stated that
"Therefore, next day I got appointment in a subsidiary company which is small one. In 2003 the said company merged with the previous company. And I became employee in previous company again. But no wishper abt p.f.was not mentioned since 2000. After 10 year I get appreciation and then shifted to Oman and then terminated there. In Oman there is no system of p.f. Oman court grant only gratuity from 2011-15"
what prevented you from introducing this facts earlier.
are you taking viva of the experts.
Sudhir Kumar, Advocate
(Expert) 01 April 2017
Therefore I repeat
refusing to get confused I repeat
submit written complaint to RPFC, requesting for action under section 7A and also for your presence in the 7A proceedings
Susmita
(Querist) 01 April 2017
Sir, I don't have any intention to hurt you. Very sorry if I did so. Kindly see my first query, I mentioned everything but only wrong I did is not mentioned Oman court name.
As per your query, I want to clear that, As per company advice I submitted the documents to HR department and I got the P.F and gratuity in 2000 on resignation. I am unable to remember from who me I got the P.F cleared. Fully settled means all P.F and gratuity and bonus everything cleared up in the year 2000.
After appointment in next company they didn't give any P.F no to me not even after merger. I didn't complained , I don't know why. I wrote my concern to the Department but not EPFO.
In Oman court as India working period has no jurisdiction that not include 2000 -2011 period though I mentioned everything for claim.
As per your advice I may wrote to RPFC.
Kindly bear with me and pardon for my behavior if hurts. Thanks for your cooperation.
