Re- pf withdrawal issue due to uan

Do you have copy of PF a/c opening forms signed by you?

Did you bring the matter in the notice of company in writing under proper acknowledgment?

Demand in writing under proper acknowledgment certified copy of PF form submitted by company to PF office, PF number issued by PF office in your name, and proof of submission  PF contribution as deducted from your wages+ employer’s contribution in your name………………………………to be supplied to you by Regd. Post only.

Visit the RPFC in  nearest PF office and lodge a complaint under proper acknowledgment by attaching proof of employment/deduction demand the certified copy of PF from submitted by company to open your pF a/c…………………….and that PF be recovered from employer………………………………….Ignore the stories told by employer its HR and PF office.

Let the matter remain as simple as that PF was deducted but was not deposited. It is punishable with jail time and PF can be recovered.

Pursue RTI route if required.

Lodge police/criminal/complaint for fraud etc……………..consumer complaint thru your lawyer if required. Legal notice from your lawyer may awaken the appointing authority, HR personnel………………….

If required obtain thru RTI certified copies of Form 3A, 6A, 23, 24…

You may go thru Citizen Charter at;

https://www.epfindia.gov.in/sites/pdf/CitizenCharter.pdf

Dear Mr.Kumar

Thank you for your valuable inputs.

The company is good and has also deposited all amounts of PF for all employees from time to time. There is no deafult by company for its employees.

In my case too, they have done the same and also have payslips having account number and amount of deductions. I am on good terms with Management and they too are looking. Only concern is its taking time and due to UAN Issue, the matter is more complicated.

When i resigned the company, after 2 months i visited and was about to fill the PF Form for Withdrawal, then the HR Stated due to UAN , withdrawal is not possible. Even if PF Form for withdrawal filed & submitted  it will be rejected by PF Office due to new concept of UAN.

They also said UAN No. they will let me know soon which can be used for linking all PF Accounts under one name. Hence I have not filled PF Form till date.

I have not received till date UAN Number. And the main issue is the PF Account Number and Deductions made for me and deposited with PF Office, as per EPFO Passbook records shows incorrect name i.e, name of some other person instead of mine. 

Hence the Name needs to be corrected, and for this nothing is happening at speed.

I dont know what procedure company needs to follow such that the name in PF Records gets corrected in my name. Because of the name error, even the UAN Number which will come will be in wrong persons name as against me. 

Can you advice what can be done on this?. Also would like to know because of UAN (Universal Account Number) can a person cannot withdraw his / her PF if required for any urgency.??

Please advice.

regards

Santosh

Last Reply:

Dear Santosh,

You have initiated other threads also on other queries and you were advised in this forum.

You had worked with the company and company has deducted PF contribution from your wages.

You have filled up PF forms but the company has not opened PF a/c in your name...........................the matter is as simple as that.

Rest are stories that you are not concerned with.

If funds are deposited in some other a/c then company has to proceed to withdraw/recover...........................whatever rules permit..........................in the manner rules permit.

In your case since no PF a/c is opened with EPFO you have no claim from EPFO.......................FOR FUNDS IN YOUR PF A/C AND INTEREST ON IT.................................YOU CAN NOT WITHDRAW.......................YOU CAN NOT TRANSFER!!!

You should submit your claim forms for attestation to company under proper acknowledgment and let them state whatever it wants in writing.

If you have good relations then company should open PF a/c in your name and deposit PF contributions with late fee/penalties......................................

IN THE NAME OF GOOD RELATIONS THE HR PERSONNEL/EMPLOYER IS MAKING A PASS ON YOU.

REST IS UP TO YOU. 

Thank you Mr. Kumar.

I will take note of your valuable advice and take appropriate steps as required.

regards

Santosh Shah

LAST AND FINAL REPLY

It is good that you are quick to understand.

It shall be wise of you to take appropriate steps as required and as understood by you.

Since NO PF a/c has ever been opened in your name NO money has ever been deposited in PF a/c that would exit  in your name hence there are NO FUNDS that you can withdraw partially or fully.

You should demand amount {equivalent to your savings that would have existed as a result of deductions from your wages....................................had the company opened the promised PF a/c in your name} from company to meet your needs. Since as noted by............................. your employer is good................ it should not hesitate to handover the amount promptly to you..............................................in manner that is suitable to you..................................unconditional advance without any interest.......................security......................collateral till  the time............. issue that is result of nuisance littered by company.............................is fully resolved by company itself.

Being a CA you would know how much money would have accrued to you by now.

Your lawyer may opine that you can lodge civil and criminal and consumer complaints too in addition to  action by EPFO.

You may proceed as deemed fit at your end.

Dear Sir

I do have payslips with amount deducted as PF Month on Month, hence aware of approximate amount

I am entitled. I will take suitable steps as required.

Thank you so much for your guidance, sharing valuable suggestions & advice in the matter.

regards

Santosh 

You are welcome!

Wish you all the very best.

Post the final resolution that you are able to extract in this thread for the benefit of everyone. 

If the PF dues have not been deposited the employer can face proceeding under section 7A, if/when reported to the RPFC.

You have no right to claim it back from employer.  You have right to compel the employer to deposit the same in EPFO.

>>>This is without any reference to any of the posts and comments by querist/any visitor/member/expert!

>>> Wrong.

This thread has been visited by many and shall be visited by many.

Employee should always think beyond and must not contract mental blocks.

Or he /she shall always be drinking from the hands of Line Managers/HR personnel/legal Cell personnel of employer and employer himself…………………………………………………….and shall suffer loss………………………despite merits being on the side of employee.

Employee should always avoid such PCN (Pre Conceived Notions) and SFP (Self Fulfilling Prophesies) that are preferred and dispersed by deceptive employers and its shrude counsels.

The amounts deducted from earned wages under any head (say PF) are not deposited further.

This can be termed fraud.

Employee can choose the action to be taken as deemed fit and the forum where he would like to agitate, including/ in addition to EPFO (since the deduction from earned wages is under head “PF”………………………………………collected in name of statutory deduction for PF)……………………….

If employer has not initiated any action so far on record to correct its wrongdoings and has not kept employee in loop in writing it has compounded its problems that have occurred due to its own wrongdoings…………………..

If employer has not initiated any action, after 1^st representation by employee…………………………. so far on record to correct its wrongdoings and has not kept employee in loop in writing it has……………………..further  compounded its problems that have occurred due to its own wrongdoings…………………..

We have successfully made employers/designated HR personnel to resolve the matter as suggested above.

The employee was determined, firm and employer concurred to keep the payment with employee till he corrects its own wrongdoings…………………………..

However it is your own money, matter, and you may proceed further as per your own aptitude.

>>> All employees should not limit and restrict their thought process………………………and must think beyond.

>>> The question arises had employer made an extra payment to employee……………………………………..or for that matter any amounts signed by employee to be paid to employer in case of………………………………would it hesitate to extract it from employee………………………….by any means…………………………………….???  

Even LCI is full of such threads showing how employers, its lawyers, chase employees and extract monies?

>>> From my side my posts in this thread stand concluded……………………………..and I shall not be posting further.

Hi Sir,

I was working in a private organisation and i left now. When i asked them for PF withdrawal they are telling its not possible and you can withdraw it only at the age of 60. Is there any new rule applied in EPF policy that you cannot withdraw PF if your UAN number is generated. Please let me know your valuable inputs to address this.

Thanks,

Siva. K