Epf withdrawl procedure- when comapny is defaulter in epfo
Sunil Kumar
(Querist) 06 April 2012
This query is : Resolved
Hi,
My self Sunil Kumar from Ludhiana, I was working with
PRIMUS RETAIL PVT LTD. ( FORMERLY GITANJALI LIFESTYLE PRODUCTS PVT LTD.) Bangalore since 24th September 2006 to 15th April 2010 as store manager at their "Ludhiana" store, my epf no is KN/26154/0749, I was submitted my EPF withdrawal form along with all supporting documents to my employer in the month May 2010, but after so many calls & reminders company submitted my epf form to epf department on dt 10/11/2011, which i conformed through EPFO site, I have also registered Grievance online with EPFO department Bangalore on dt. 17/08/2011 Ref. No ROBGL/E/2011/05924, but after so many reminder I don't have received any answer from their side, during this time i have also try to contact with company people but unable to contact with them because all their contact no are not working, finally on dt 28/03/2012, i have received an replay from EPFO department against my online grievance that my Claim returned on 26-03-2012 since the employer is defaulter in remittances. You are therefore requested to contact your ex-employer. I have try to contact company people but their all contact no are not working.
Kindly suggest me that now how can I claim my EPF from department.
Also find below mention ref. Mail received against online grievance.
gms@epfindia.gov.in
8/17/11
to me
Dear Sir/Madam,
Your grievance has been registered in EPFiGMS vide Registration number ROBGL/E/2011/05924 and has been sent to:
Officer's Name :Sh K. NARAYANA
Address of the concerned Officer : EPFO, RO, Bangalore
Phone Number :08022238033
Email ID : ro.bangalore@epfindia.gov.in
Please quote the same in your future correspondence.
gms@epfindia.gov.in
Mar 28 (3 days ago)
to me
Dear Sir/Madam,
This is with reference to your Grievance registered vide Registration Number ROBGL/E/2011/05924.
It is informed that after processing your grievance,the following action(s) has been taken:
Claim returned on 26-03-2012 since the employer is defaulter in remittances. You are therefore requested to contact your ex-employer.
Therefore, we are closing your grievance from this office.Please quote the same in your future correspondence.
Sudhir Kumar, Advocate
(Expert) 06 April 2012
If employer is in deault then there is no useful purpose to be served if you contact the employer. If the employer is in default then proceedings under section 7A can be started (rather should have been started) long back. Some months back the official website of epfo was copmpelled to publish list of defaulters and some defaulters were in liquidation and their default started much before their bankrupcy and the inaction / connivance of epfo results in delay in initiation/finalisation of assessement proceedigns under section 7A.
It is bettwer you submit a complaint to the Central Vigilance Commission and give a copy to Chief Vigilance Officer of EPFO and also to RPFC concerned.
Further, you may approach the Consumer Court in Ludhiana. It is epfo which despite strong powers is nto able to recover dues.
Arvind Singh Chauhan
(Expert) 06 April 2012
You need not to meet employer. It is Epf commissioners duty to take action against employer. There are punitive provision in EPF Act.
Ask under RTI from concerned EPF Office with reference to your withdrawal details-
1. What is the time limit to settle the epf withdrawal.?
2. If there is fault on the part of your employer, what action has been taken against him ?
3. What is the progress in your withdrawal process.
Sunil Kumar
(Querist) 08 April 2012
Thanks for the information.
prabhakar singh
(Expert) 10 April 2012
Giving thanks is a good habit.Keep it on.
