Pf deducted from salary but not deposited
Upendra P Sinha
(Querist) 21 March 2016
This query is : Resolved
Dear Sir,
I was employed with a Tulip Telecom Limited from Aug 2011 and superannuated in May 2013. The company has deducted PF from my salary since my joining and they have also deposited the same till Apr 2012. But since May 2012 my employer has stopped depositing PF to EPFO till my superannuation. I had sent five letters to CMD by registered post which went unresponded. Thereafter I have sent two registered letter to EPFO, New Delhi along with my appointment letter,salary structure, my relieving letter, salary slips and my bank a/c statement to substantiate my claims.
I have requested EPFO for Determination of my EPF amount and settlement of PF amount under Section 7A Sub Section 1(b) of EPF & MP Act 1952.
The EPFO has responded that the 7A enquiry has been initiated but not yet finalised and the records are with the Assistant Official Liquidator. The company is under liquidation. I had requested them to provide me the list of Employees for whom the company has deposited PF. EPFO has denied stating they cannot give 3rd party information. My asking was only to confirm whether the company has deposited PF for existing employees and left out employee who had resigned or superannuated.
Kindly advice how do I recover my PF dues. Whether EPFO is responsible to recover the same or individuals will have to fight the case for recovery with Tulip Telecom.
Kumar Doab
(Expert) 21 March 2016
Seek the requisite information from EPFO under RTI.The corresponding forms are in Citizen's Charter.
Write to Liquidator.Get your name registered in the list of creditors.
The stacking order of priorities has been discussed in details at many threads e.g;
http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp
Approach an able counsel specializing in such/labor/service/company matters.
Kumar Doab
(Expert) 21 March 2016
You may get some cues from many threads at LCI e.g;
http://www.lawyersclubindia.com/forum/Money-recovery-suit-against-a-sick-company-124317.asp#.Vu_wvTF-jMo
http://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp
http://www.lawyersclubindia.com/forum/Employer-did-not-pay-salary-77781.asp#.Vu_xcTF-jMo
http://www.lawyersclubindia.com/forum/Settlement-of-dues-114562.asp#.Vu_xxjF-jMo
However it shall be better to approach an able counsel specializing in such/labor/service/company matters.
