not credit PF amount in pf account
srinivasp
(Querist) 27 March 2011
This query is : Resolved
Sir, security service p ltd 15 member are working in 3 years the security service ltd. is deducted pf amount in share of their salary.but security service p ltd share is not deducted and depositd in PF account. the security service contract agreement is completed. But the PF amount did not settled and deposited in their pf accounts. so what is the procedure of require the PF amount from the security service p ltd.,
Raj Kumar Makkad
(Expert) 27 March 2011
The action of employer in the given set of facts attracts criminal section 406 IPC means appropriation of money. You may directly file a criminal case against the employer or may complaint to your EPF authorities for initiation of similar action. Meanwhile, if you want to withdraw your PF amount, EPF authorities shall release both shares (employer plus employee with interest) though the same has not been recovered by them from employer. You shall not be at any loss.
V.T.Venkataram
(Expert) 28 March 2011
Please file a complaint by filling up the grievance/complaint form on the website of the EPF of your state.
Please also ask details under RTI from the rt i officer of the EPF of your state , whose details are readily available in the same website
Kirti Kar Tripathi
(Expert) 28 March 2011
Non deposit of contribution of PF of employees is an offence under the PF Act as well as under the I.P.C. It is statutory obligation of employer to timely deposit the PF amount of its employee with the P.F department and the P.F department is also under obligation to get ensured the compliance of the same from employer. In case, the employer fails to comply to make deposit of contribution, the employee has a right to make complaint to the concerned office of the provident fund department and on receiving of complaint, the department is bound take action under Section 7A of the Act for recovering the amount from employer and also for initiating criminal action for embezzlement of amount. In case, the department is fail to take any action, the employee/employees can file writ of mandamus in the Hon'ble High Cort seeking direction to command the department to get compliance of the Act from employers.
