Dispute over pf & incentive

What is the charge of 420 levied by company on you even if by phone? You need to clear the bad air on it. This may be the bone of contention for all of your problems, with the company which has otherwise paid everything else to you.

--Do you have proof of submission of PF forms to company e.g. POD, and an acknowledgment by company even if by email mentioning that your PF forms have been received?

If yes you may supply it to RPFC.

The employer should submit the PF forms to concerned PF office with in 5 days and should supply the acknowledgment issued by PF office to employee. Companies should use effective mode of communication e.g. redg/speed post.

If yes you have a handle on the situation. If not company may claim forms are not received or are not traceable.

--You have posted that “i have send dully filled form & cheque to with draw my PF Fund in the month of May 2012 and company said that we have processed ur form and soon you will get ur PF fund but when i have inquired with the PF department of Singsandra(Bommasandra) they denied to recieve such application, so i have again follow up with the company but they have given me date per date.”

Do you have any proof of the different statements mad by the company?

Keep the copies of the bills safely with you. Record the calls.

Submit a narration to good offices of appointing authority, MD, Company Secretary, with a copy to Head-HR, { by redg. post} of all representations made by you quoting date, Name, designation, dept, address of company personnel and minutes of discussion, and ask good offices to provide the relief to you.

--You have posted that “after that i have send another application to pf department directly but they have rejected my application to say that it is not varified by the employer so we are in touch with the company.”

You may peruse RTI route and demand to provide information:

-Name, designation, dept, address of the dispatcher who has dispatched your PF forms to company, and certified copy of redg. post receipt vide which your Forms have been dispatched to company, certified copy of the page of dispatch register which contains the entry of dispatch of your PF forms.

- Name, designation, dept, address of the PF official e.g. PF Inspector who was assigned to your complaint and date and detail of visit of the PF Inspector to your company, record and register checked by him and brought to his office, certified copy of the inquiry report filed by this PF official, certified copy of the memo  issued by PF official to company and its acknowledgment by the company, reply filed by company and name, designation, dept, address of the company official who has filed the reply to PF office.

 -The current status of your case and actions taken.

--This is apparently case of connivance and official apathy.

You may lodge a complaint with Vigilance Section and peruse thru RTI route to move them.

If nothing works approach a lawyer and pull them to DCDRF.

Prefer letters/legal notice then emails.

Incentive:

You may stake your claim strictly in line with Incentive policy if you have it.

Dear Sir

I have complaint to First RPFC & then CPFC and i have all the proff with me regarding my incentive & pf about my communication . they are very claver so only once they have replied by mail,other wise they only replied by phone.

can i file a case in delhi consumer court or labour court,

or i can file a RTI,

pls explain.

You can raise RTI applications and you can approach DCDRF.

However to succeed in complaint everything shall depend upon what is written by you to PF office and Company?

The question arises:

--whether you have the proof of delivery of PF withdrawal forms to employer? Your answer is yes.

You have also stated that company has sent one email to you. IN this email has the company stated that it has received your PF withdrawal forms? If yes it is a matter on record.

--did you write to PF office that you have supplied the PF forms to employer but employer is not submitting it to PF office, and did you provide proof of delivery to RPFC ? If yes it is a serious complaint and PF office is under obligation to act on it.

You are within your rights to get status of action taken on your complaint. If RPFC is not acting then you can escalate to Addl. CPFC of the state, and then to CPFC.

---- did you write to PF office that you have supplied the PF forms to employer but employer is not submitting it to PF office, therefore you are submitting the PF withdrawal form direct to RPFC for withdrawal of PF. If yes PF office is to send the forms to employer for attestation.

If you have stated so to PF office then whether PF office has sent the form to employer for attestation or not?

You have stated that PF office has replied forms are not attested by employer, and hence rejected. This would mean case is closed by PF office, and no further inquiry or action is being taken.

Having clearly understood you may look into all communications sent by you to company and RPFC, CPFC etc.

 Always ensure that the complaint should be specific, pointed, supported by documentary evidence and proof.

You may go thru Citizen Charter {Enclosed} which explains the complaint/grievance redressal mechanism, escalation matrix.

You may go thru epfo website and study the page on RTI also.

https://epfindia.gov.in

The information seeker’s guide is attached.

EPFO directory is available at:

https://epfindia.gov.in/epfo_directory.html

You can also route your applications, queries, etc thru nearest PF office at your location. As far as we understand they are duty bound to acknowledge the receipt of document from you and send it to the concerned official under proper information to you.

You may try and find if someone amongst your near and dear ones is a trained legal mind and seek his help fro PF and incentives. Such gentleman can be a great help to you.

Or you may approach a competent and experienced lawyer and show all communications and proceed under expert advice.

You can also approach o/o Labor Commissioner on your own and lodge a complaint.

Attached.

non-submission of form is punishable offnce.  Please submit a written complaint (not e-mail) to RPFC concerned (not your nearest RPFC).  Please enclose a filled in form with specifc complaint that the company is refusing (or abstaining from) submission/attestation of claim.  If you feel that ther eis connivance then writ eto CVC direct.

other alternative file consumer case against RRPC and company