Provident fund and miscellaneous provision Act
Querist :
Anonymous
(Querist) 16 March 2010
This query is : Resolved
Sir,
I worked for a company for more than 2 years.
and after resignation I have applied for my P.F. at P. F. Office. but found that my Employee no. is not correct, so I immediately communicate the management and asked them for disbursement of my P.F. In the mean time I got informed one of the employee of that since a long time company not made its contribution in the account.
my querry is that if I file a case before appropriate Court for my claim of P.F. then there is possibility of winding up procession of said company in stage of execution of said degree/judgement. it is pertinent to state that a explanation has already seek by the authority from the company in this regard.
Raj Kumar Makkad
(Expert) 16 March 2010
In your case, your contribution and deduction shall have first preference over all debts of the company so even if company goes for winding even then your PF accumulations shall have to be deposited by the management with the EPF authorities. You can file a criminal case under section 406/409 IPC against the responsible person (authority responsible for deduction of EPF) either through FIR or through complaint. EPF department can also file similar case on your representation.
