Epf not returned
kehar singh
(Querist) 08 January 2015
This query is : Resolved
Sir, Untill October 2013 five Security Guards were deployed by one Delhi based company i.e SNG Securities at our Govt. Institute in SIKKIM and our Institute would pay their salary to the company instead, from where these guards would receive their share. The salary that our Institute would pay was inclusive of EPF component and service charges etc.
From Nov 2013 the MOU between our Institute and the SNG ended and the Guards started receiving their salary from our Institute. The Institute being Govt. we did not pay any amount to EPF nor the Guards asked for it.
Now these guards want their EPF amount back.But the previous company is not ready to help them to get their EPF amount and all the time they says that their duty is to remit the EPF amount to PF office only. Though he has given their PF account no but they are unable to get the UAN no as the previous company has not remitted the EPF amount upto October 2013 as a result the website of PF office gives message that UAN can be generated in r/o of those who have contributed upto October 2013 only.
later on I helped them to fill up one withdrawal form and send to the Company with the request to forward the same with their recommendation to PF Office at South Delhi but they says they have forward the same.
When I asked the company to forward the acknowledgement of the forms so submitted then in return they says that no such acknowledgement was received by them.
Since these guards are working in our institute thus on humanitarian ground I want that let they get their dues from either PF office or the prev. employer.
But I am not getting any idea how and where to approach hereafter.
So please help to help these poor guards.
Kumar Doab
(Expert) 08 January 2015
The EPFO supplies the acknowledgment and PF a/c slips of each year to employer and employer has to supply these to employee.
The employer has to submit the attested copies of PF forms to concerned PF office within 5 days.....
Apparently the company has not submitted PF contribution...............and if it is true this is fraud and punishable..
Do you have the copy of statements (written/audio/visual) of the company that it has submitted PF withdrawal forms to PF office but PF office has not supplied any acknowledgment?
You have the copy of disbursement of PF component to the company and this alone is sufficient...........to lodge complaint thru the RPFC in nearest PF office (under proper acknowledgment.......
Follow up thru RTI shall reveal everything.......
In any case the employees were deployed at your establishment and onus can fall on you hence issue the proper instructions and ensure proper follow up...
