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Epf

(Querist) 13 October 2016 This query is : Resolved 
Sir,i am a contractual employee in AIR INDIA,and recently I noticed my contractor not paying the EPF subscription from 19/4/16 on the EPFO estb pin code search facility.I filed a RTI on 19/9/16 to the epfo.And after that he paid 5 months epf in one go on 4/10/16 to epfo.
In one such epf instalment of 11/2015 I found my name missing whereas I was very much present and I also received full salary.That he is a rouge contractor.Again I filed a rti to the epfo on 5/10/16.The epfo has not yet responded.SIR if epfo dosnt act,can I file a pvt complaint under section 8A.
Sudhir Kumar, Advocate Online (Expert) 14 October 2016
You have already got proof that PF evasion is taking place.

submit formal complaint to RPFC against the contractor and Air India for action under section 7A requesting for your presence in the hearing before APFC.
Kumar Doab (Expert) 14 October 2016
Also ask to supply the PF a/c slips of each year.
Let them reply whatever they want.
Rajendra K Goyal (Expert) 14 October 2016
agree with the expert Kumar Doab.
clifford john coelho (Querist) 14 October 2016
SIR,I HAVE SENT A SPEED POST TO THE RPFC BANDRA ON 14/10/16 REGARDING THIS COMPLAINT OF MINE & TO TAKE ACTION AGAINST AIR INDIA & SAI SAMTA ENT UNDER SEC 8A.BUT I HAVE NOT MENTIONED SEC 7A WOULD THAT BE A PROBLEM ?.

WHAT NEXT AFTER THIS.
PLEASE GUIDE & ADVISE,I AM A CONTRACT WORKER,NOT A LAWYER,PLEASE ADVISE ACCORDINGLY.
THANK YOU ALL FOR THE HELP,I WILL SURELY NEED IT.
Kumar Doab (Expert) 14 October 2016
Ask in your RTI application what actions have been initiated and penalties levied.


Ask employer to supply salary slips of each month.
clifford john coelho (Querist) 14 October 2016
SIR,THE FIRST RTI QUERY WAS FILED ON 19/10/16 SO MAY BE I SHOULD WAIT FOR 30DAYS.THEN I WOULD FOLLOW KUMAR SIRS ADVICE.WOULDNT THAT BE PROPER ? AND I WILL ALSO ASK ABOUT THE PENALTIES & SALARY SLIPS.

THANKS
Sudhir Kumar, Advocate Online (Expert) 14 October 2016
You have despatched a complaint on 14th and sent RTI on 19-10-16 (which is 5 days ahead)

please reconcile dates and come with clear facts.
Sudhir Kumar, Advocate Online (Expert) 14 October 2016
"I HAVE SENT A SPEED POST TO THE RPFC BANDRA ON 14/10/16 REGARDING THIS COMPLAINT OF MINE & TO TAKE ACTION AGAINST AIR INDIA & SAI SAMTA ENT UNDER SEC 8A.BUT I HAVE NOT MENTIONED SEC 7A WOULD THAT BE A PROBLEM ?.
"

Wht prevented you from stating this material information in first query.

Are you taking test (skill and patience) of experts
Sudhir Kumar, Advocate Online (Expert) 14 October 2016
section 8 comes in play only when assessement under section 7 has been done and still dues are not deposited. This is a recovery action.

You are jumping years ahead.
Kumar Doab (Expert) 14 October 2016
Mr. Sudhir Kumar is expert in such matters.


You can benefit from his his expertise.


Pls respond to the points raised.
Rajendra K Goyal (Expert) 14 October 2016
Well advised, can be benefited from advice of expert Sudhir Kumar ji.
clifford john coelho (Querist) 15 October 2016
FIRST RTI QUERY WAS SENT ON 19/9/16 AGAIN A RTI QUERY ON 05/10/16 .THATS WHAT I HAVE SAID.

REGARDING THE SECTION 7 OR 8, I HAD NO INTENTION TO MISLEAD THIS FORUM I WAS JUST QUOTING WHATS SHOWN ON EPFO WEBSITE ( EPF SERVICES FOR EMPLOYERS )
clifford john coelho (Querist) 15 October 2016
I AM VERY SORRY , IT WAS A MISTAKE .FIRST RTI 19/9/16 AND SECOND WAS 5/10/16.
Rajendra K Goyal (Expert) 15 October 2016
You can wait for the decision of first appeal.
Dr J C Vashista (Expert) 17 October 2016
Wait and watch for the reply.

Very well analysed and advised by experts, especially Mr. Sudhir Kumar, I fully agree and appreciate, nothing more to add.

Seek professional services of a local prudent lawyer for your benefit and protect your interest.
Sudhir Kumar, Advocate Online (Expert) 17 October 2016
not be confused.

you have sent tow RTI as you said.

RTI is not grievance redresal forum. It is merely information gathering mechanism.

You are not sure if you have made a formal complaint of evasion to RPFC seeking action against contractor and Air India reporting evasion of PF dues.
clifford john coelho (Querist) 17 October 2016
DEAR,ALL EXPERTS.

I REALLY APPRECIATE ALL YOUR CONCERN, HELP & ADVICE & AM VERY GRATEFULL,INDEBTED FOR IT .I WILL DEFINITELY PURSUE,THAT LINE OF ACTION AS ADVISED MY THIS ESTEEMED FORUM.

THANKS & REGARDS

clifford john coelho (Querist) 17 October 2016
YES SUDHIR SIR ,I HAVE ALLREADY DONE IT THROUGH MY LAWYER ON 14/10/2016 AND SOUGHT ACTION ON BOTH PARTIES.

THANKS AND REGARDS
Rajendra K Goyal (Expert) 17 October 2016
You are welcome.

May come again if any problem faced.
Kumar Doab (Expert) 17 October 2016
You are welcome.

The benefit of RTI route is certainly there that regulator can not retract.


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