non payment of PF money by the employer

Querist : Anonymous (Querist) 01 September 2010 This query is : Resolved
Dear Sirs,
I resigned from my present job and im in notice period now. Our PF money is maintained by our employer by the trust run by the employer.
I received an acknowledgement from my Human Resourses Department, as an acceptance of my resignation.
My notice period is three months, but now i want to move,after serving just one month of my notice period.
If my employer denies to pay my PF money later, how to get the money from them? whom should i approach regarding this issue. If i exit without a formal relieving letter from my employer, then is it possible to take legal action against them?
Kindly advice me.

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Ajay Bansal (Expert) 01 September 2010
confusing

Rajeev kulshreshtha (Expert) 01 September 2010
Apply directly to your regional PF commissioner and claim your PF amount. If there is any dispute about PF amount you can approach the consumer forum of your district .

Rajeev kulshreshtha (Expert) 01 September 2010

adv. rajeev ( rajoo ) (Expert) 01 September 2010
Issue notice to the employer to setter the pf amount, if he didn't respond then file a case in the labour court. As rajeev said consumer court has no jurisdction. non payment of Pf is not deficiency of service.

s.subramanian (Expert) 01 September 2010
I agree with rajoo

H. S. Thukral (Expert) 02 September 2010
The Employer keeps the provident fund amount( in case of exempted employer having their own PF scheme) of employees under a Trust which does not have any relation with the management of business of the employer.
Agreeing with one Rajeev ( Kulshreshta) and disagreeing with the second Rajeev (Rajoo), I say that the Consumer Forum has jurisdiction over the case. Kindly refer to Regional Provident Fund Commissioner v Shiv Kumar Joshi AIR 2000 SC 331.
Since the amount is kept in a Trust, non payment can also be a breach of trust under section 406 IPC. Issue a notice to the employer for payment. You have also a remedy of approaching the HC under writ jurisdiction

H.S.THUKRAL
www.thukral.co.nr