Pf withdrawal

AJAYKUMAR NAIR (Querist) 01 April 2012 This query is : Resolved

I am an HR working for a private company.

This company hired a labour contractor in 2005 and the contract ended on 2007. Company has all PF contribution paid challans paid during that period.

This contractors has not submitted PF Return since 2001. This contractor is not traceable now. He has sold all his property's.

Now the employees who were on the contractors roll are working the the company now. These employees have submitted PF Withdrawal forms to PF Office.

PF Office has rejected all applications because the contractor has not submitted PF returns since 2001.

Company has submitted PF challans, form 3a and 6A for employees working on their site. But still PF Office is rejecting the forms.

Since PF contribution has been paid during that period why PF office is refusing to clear the claim.

What options are left with the employees.

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Raj Kumar Makkad (Expert) 01 April 2012
If Principal employer has deposited the contribution and deduction as per prevailing rates and has also submitted the requisite returns, PF department cannot refuse to make payment.

You all jointly should serve a legal notice to the PF office and if no relief is provided, file consumer complaint against that office.

Nadeem Qureshi (Expert) 02 April 2012
I agree with Mr. Makkad

Guest (Expert) 02 April 2012
If the company has not submitted PF returns since 2001, it is not the fault of the employees. The PF office has to take punitive action on the employer and to compel him to submit returns within specified time and waited for some time for compilation and updating of their own records, but should not have rejected the applications of the employees.

Deepak Nair (Expert) 02 April 2012
Yes. The emplyees are entitled to claim.

Well and righrtly advised by the learned experts above.

Sudhir Kumar, Advocate (Expert) 02 April 2012
Consumer Court?

The remedy suggested by Mr Dhingra could have worked effectively had the contractor been traceable. PF Deptt has no means to trace a fugitive.

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