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karthikeyan (manager)     11 May 2013

Pf amount not deposited by the previous employer

Dear Sir,

i worked in yashomati hospital marathalli bangalore for almost two years and resigned in last feb 2012. i went to PF office KR puram and checked my PF account. they replyed that the hospital authority has not paid last 3 months EPF. i asked with the hospital authorities they are not responding to me. am sure they have not paid any employees PF since last 6 months. Need to take action on them. pls suggest somebody.

Thank you.



Learning

 3 Replies

Kumar Doab (FIN)     11 May 2013

 

www.epfindia.gov.in

Check if this compnay is already included in the list of defaulters by EPFO. Demand PF a/c slips from MD of the company for entire period of service by redg. post only.

Meet concerned HR personnel and ask them to deposit pending PF contributions. Record by submitting minutes of discussion.

Obtain copy of Form 3A,6A,23,24 by RTI from PF office.

 

Meet RPFC in person, with copies of salary slips showing deduction of employee's contribution. Lodge compliant in writing under acknolwedgment to depute PF official and if any PF ofdficial has already been deputed what action has been taken.

Escalate to RPFC, Addl.CPFC of the state, CPFC, in writing, under acknowledgment.

 

 

Central Regional Provident Fund Commissioner can recover arrears of any amount due from any employer under section 8 of the Act?: The Central Regional Provident Fund Commissioner can recover such arrears-

1.      by issuing a certificate to the Recovery Officer to recover the arrears from the employer by one or more of the modes mentioned in section 8-B;

2.      by requiring any person from whom any money is due to the employer to deduct the amount of arrears from such money and pay the same to him, i.e., the Central Regional Provident Fund Commissioner;

3.      by issuing a notice to any person from whom any money is due to the employer, requiring to pay the amount of arrears to him, i.e., the Central Regional Provident Fund Commissioner;

4.      by applying to the Court, in whose custody there is any money belonging to the employer, for payment of the amount of arrears from such money to him, i.e., the Central Regional Provident Fund Commissioner;

5.      by distraint and sale of the moveable property of the employer in the manner laid down in the Third Schedule to the Income Tax Act, 1961. {Subsection 8(B) to 8(G)}

Recovery Officer impose interest on the amount mentioned in the Recovery Certificate?: The position of a Recovery Officer in exactly that of an executing court. He can recover only the amount specified in the certificate. If the certificate does not include any interest, it is beyond the competence of the Recovery Officer to demand such amount.

 

 

 

M.S.R.Murty ( Manager (Admn))     11 May 2013

Dear Mr. Kartikeyan,

Whether you have applied for EPF refund?  If not, you may complain the issue through EPSIGMS Grievances Cell and you can register your complaint with the Department.

Sudhir Kumar, Advocate (Advocate)     20 June 2013

you have to five formal complaint to RPFC requesting action under section 7A and insisting on you right of presence in the proceedings.

 


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