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my previous employer not attesting my pf documents

(Querist) 21 October 2015 This query is : Resolved 
respected seniors,
i am writing this on behalf of my husband. he is unable to get his provident fund amount despite of trying all the methods. he is undergoing a medical treatment for his ear which was highly infected that time and still not in a better condition from past two years and he is unemployed because of the same reason. And he was on leaves for his treatment while his company raised termination against him without any intimation. and when he went back to join the company refused to take him back and now we are trying hard to take his provident fund amount as we need money for his treatment . but the company has refused to release his relieving letter and not attesting his provident fund papers. we have spoken to HR and written a lot of emails , however the response is always negative. and after losing hope we did sent the EPF forms to the regional provident fund office but they have rejected the forms because the employer has not attested those. we really need your help and advice please let us know what we can do in this case. and if we can send a legal notice how do we do it. we are financially not that strong however we can and will fight for our money and rights till the end. my husband is very depressed i want to help him but i feel helpless. plz suggest ways and if u want to contact for an advice please send it to my email . prachee161985@gmail.com
thanks
Sudhir Kumar, Advocate (Expert) 21 October 2015
refusal to attest PF form is criminal offence and you can submit written complaint to PFC. Better visit PF office and meet PRO/APFC concerned.
Kumar Doab (Expert) 21 October 2015
Do you have any evidence of:


--Termination e.g Termination order.


--submission of PF forms.


--declinature to attest PF forms?



What exactly is your priority to contest the termination order, or withdrawal of PF or both?



Rajendra K Goyal (Expert) 21 October 2015
Author please reply the question from expert Kumar Doab regarding your priority.
Parthasarathi Loganathan (Expert) 22 October 2015
Author cannot produce any evidence of decline to attest PF form by the employer. However, there are instances where PF Commissioner intervenes and takes up the matter directly with the company for completion of all document related formalities.
Sudhir Kumar, Advocate (Expert) 29 December 2016
Normally all PF offices assign this job to any touch inspector who can visit company and explain them (across the table) the consequences of refusal to attest and get the claim attested.


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