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aamele law (student)     11 August 2011

Absconding employee - pf withdrawal

Hi All,

Due to certain personal issues, and having worked for 3 years, I had to leave my job. Thereafter, I was declared absconding. Now, I do not want to go to the company and it has been 3 years since I have left my job. My company has there own PF account fund. 

I know my PF account number and period of working. My query is - How can I withdraw my PF, as it has become inoperative account and with no interest ? Will my details be transferred to the Government PF body ? 

Thank you all for taking the time to read this thread.  



 14 Replies

H. S. Thukral (Lawyer)     11 August 2011

If you were absconding, employer can only terminate your services following a procedure of inquiry. Nothing more. Your PF can not be touched. You write to the employer to release your PF.  You can approach the RPF authorties if it is not done.  

aamele law (student)     11 August 2011

I may add a first instance twist here to the case ...  that, I have taken a medical loan for the same amount as is in PF account. 3 years have passed and have received no notices from the company except termination notices. 

1> Query is - will the company have set off or lien rights, such as a bank has, over my provident fund ?

2> What is the Limitation period for cause from company side ?

I thank the learned previous advocate for clarifying with that query. There are another 2 more dimensions which I will add since it is a complex case. 

Sudhir Kumar (Retd Govt Officer)     18 November 2011

Pf amount is not subject to any set off or adjustment. Even court cannot attach it.


(Guest)

Your claim for your PF money cannot be disputed even if you were terminated on account of your absconding from your post.

Sunaina Fernandes (NA)     12 April 2012

Is there a way to withdraw my PF without any dealings with the employers. I want to go about getting my PF without approaching the employers as i feel they will not release my PF since i absconded. Thanks.

Aryan (Business Analyst)     26 June 2014

Hello,

I was an employee of a Private Bank for almost about 8 months, however due to some unbearable instances I had to abscond from my position. Now when it comes to the PF part, they have their own private trust fund; wherein the deducted PF amount is kept, hence according to them till the time 3 months of long notice period is not served & also till the time an employee do not complete the entire F&F formalities, the PF can't be removed.

This is what the communication I had received from their end, which made me quite confused in terms of the Employee Provident Fund Rights.

I also do not have my PF A/C Number as it was never ever provided to me at the time of HR Induction.

Hence I hereby badly need a help to find out the acute truth.

Is there any PRIVATE/PUBLIC/TRUST can actually block your PF amount..? If not, then what should I do in order to file a PF claim?

Badly need a help? Somebody please help me on priority, else the employer will gobbled the entire contribution I made since joining! :(

 

Thanks & Regards,

Aryan

Sudhir Kumar (Retd Govt Officer)     28 June 2014

@ aryan

 

are you still in service of the bank?

have they terminated you as absconder?

Kumar Doab (FIN)     28 June 2014

Demand printed version of the PF rules of the bank.............................These should be available on the shared portal too............................

The approved trust too has to follow the law of the land and rules and can not violate.............

employee should not abscond.

There are ways to build to favorable written record even if employment conditions are unbearable................

Aryan (Business Analyst)     28 June 2014

Mr Kumar,

This is to inform you that YES I've left the organization & they also marked me as an 'Absconde' 

Quite puzzled like what's next & how to claim the PF amount..?

Would be glad if someone can guide me through the exact process!

 

 

Regards,

Aryan

Kumar Doab (FIN)     28 June 2014

Set the ball rolling by demanding PF rules of the bank.

If bank has declined to provide PF number, funds in PF a/c then bank has to provide the PF rules that empowers the bank to do so.

In the meantime you may go thru another thread that is specific to PF in the bank and commentary and judgments that may clarify the matter to you.

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp#.UqC5qdIW1MA

Discussion > Labour & Service Law > Gratuity > P.f & gratuity

 

You may also wait for the advise of Mr.Sudhir Kumar.

Sudhir Kumar (Retd Govt Officer)     29 June 2014

appears you are still in service not relieved/terminated?

 

 

you cannot make final withdrawal of PF

xyz   22 May 2019

Hello Sir,

I left my previous company 3 months back by serving only 70 days notice out of required 90 days notice as per offer letter, and now I have moved to abroad and working here.

Can I withdraw my PF money as I am not employed in India, if yes, can I withdraw it without my previous company involement as I do not have relieving letter issued by them becuase of 20 days shortfall of notice period.

Regards,

XYZ

Alekya   24 December 2019

Hello Sir, I had to leave the company due to health issues and later they asked me to pay 19k for taking sick leaves. I didn't pay that amount as it's not my fault. I don't know if my status is mentioned "absconded" or anything. I want to withdraw my pf amount. However, I have to change the basic details and the employer should approve those changes. Please advise how to proceed

Manikya chanda sagar   16 September 2021

ನನ್ನನ್ನು ಹತ್ತಿರ ಪ್ರದೇಶದಲ್ಲ ಕೆಲಸವನ್ನು ನೀಡುವುದಾಗಿ ಹೇಳಿ ತುಂಬಾ ದೂರ ಪ್ರದೇಶಕ್ಕೆ ಅಪಾಯಿಂಟ್ ಮಾಡಿ ಎದುರಿಸಿ ನೀನು ಕೆಲಸವನ್ನು ಮಾಡಲೇಬೇಕು ಎಂದು ಹೇಳಿ ಬಹಳ ದೂರವಾದ ಕಾರಣ ನಾನು ಕೆಲಸಕ್ಕೆ ಹೋಗಲಿಲ್ಲ ನಾನು ಒಂದು ದಿನವೂ ಸಹ branch ge ಹೋಗಿಲ್ಲ, ಡ್ಯೂಟಿಗೆ ಕೆಲಸಕ್ಕೆ ಹಾಜರಾಗಿಲ್ಲ ಆದರೂ ಯಾವ ಕಾರಣಕ್ಕೆ ಅಬ್ಸ್ಕಾಂಡಿಂಗ್ ಎಂಬುದನ್ನು ಸೇರಿಸಿದ್ದಾರೆ, ಆದ್ದರಿಂದ ಪ್ರದೀಪ್ ಎಂಬವ ಎಚ್ಆರ್ ದ್ವಾರ ಫೈನಾನ್ಸ್ ಕೆಜಿಎಫ್ಏಸ್ ಎಂಬುವ ಮೈಸೂರು ಬ್ರಾಂಚ್ ನಲ್ಲಿ ಕೆಲಸ ಮಾಡುತ್ತಿದ್ದಾರೆ ಈ ವ್ಯಕ್ತಿ ನನ್ನ ಜೀವನದ ಜೊತೆ ಆಟವಾಡುತ್ತಿದ್ದಾರೆ ಇದರಿಂದ ನನಗೆ ಯಾವುದೇ ಕೆಲಸವಾಗುತ್ತಿಲ್ಲ , ನನಗೆ ಇದನ್ನು ಬಿಟ್ಟು ಬೇರೆ ಕೆಲಸ ಗೊತ್ತಿಲ್ಲ ನಮ್ಮ ತಂದೆ ತಾಯಂದಿರನ್ನು ನೋಡಿಕೊಳ್ಳಲು ನಾನು ಇವರಲ್ಲಿ ಕಳಕಳಿಯಿಂದ ಕೇಳಿಕೊಂಡರು ಅವರು ನನಗೆ ಅಬ್ಸ್ಕಾಂಡಿಂಗ್ ನ್ನು ತೆಗೆದಿಲ್ಲ ನಾನು ಆತ್ಮಹತ್ಯೆ ಮಾಡಿಕೊಳ್ಳಬೇಕು ಇಲ್ಲವಾದರೆ ನನಗೆ ಬೇರೆಡೆ ಕೆಲಸವಾಗಬೇಕು ದಯಮಾಡಿ ನನಗೆ ನ್ಯಾಯ ಕೊಡಿಸಬೇಕು ದಯಮಾಡಿ ನನಗೆ ಕೆಲಸದ ಅವಶ್ಯಕತೆ ಇರುವುದರಿಂದ ನನಗೆ ನ್ಯಾಯ ಕೊಡಿಸಿ

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