Claim for PF

Querist :
Anonymous
(Querist) 18 May 2011
This query is : Resolved
Hi,
I was worked with a IT company more than 7 years. The company not deducting PF from my salary and more than 30 employees working in organization. After resignation can I applied for PF which is company contributed from their part.
Please advice me how to get the PF from them what is the legal procedure required to do that.
Thanks in advance
Ajay Bansal
(Expert) 18 May 2011
Since company had not deducted the PF, so you can not apply the contribution of PF, deposited by company.However you may file a civil suit for compansation ag aist company on account of its negligence on non-deducting PF from your salary.

Guest
(Expert) 19 May 2011
I may differ with the opinion of Mr. Bansal, as any amount deposited in a PF account opned in the name of an employee is the right of the employee to claim. If you have a PF account in your name and there is any amount depsoited in your name, the company cannot withdraw that amount.
It will also not be possible that no PF accounts for employees would have been opened by the company, except in the case where special exemption would have been obtained by the company.
You may however need to check with the HR department of the company about your PF account No. and submit your claim through that company.