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need advice (l)     20 September 2013

Forged employer signature on pf papers

experts

our hr person who left the company without informing the head of the department and after two months came to the director and argued to release the pf account and argued to sign the documents for submission of PF application and our director refused and asked to resign, will sign the documents he had not given his resignation left the office

after a month we received a rejection notice from PF office stating that the application signed by the employer (which was forged by ex employee and submitted to pf office) was rejected 

and we tried to contact him but no response 

what is the procedure to take legal action/ criminal action and how to proceed 



Learning

 8 Replies

adv.raghavan (Advocate,9444674980)     20 September 2013

you can take action against that fellow under section 465/420 of IPC for forging your company director sign,and trying to cheat the company.u can file a police complaint in this regard.

Sudhir Kumar, Advocate (Advocate)     20 September 2013

has the employer submitted. F/2.

 

This person has tried to cheat EPFO while not having resigned he tried to get accumjulkHe has also tried to cause harm to the employer.

 

If yoy give complaint to thana. They know how to contact him

Kumar Doab (FIN)     20 September 2013

 

>>> If the company has already, issued communication by redg. post on unauthorized absence, proceed to terminate the employment.

 

 

 

>>> If the company and promoters do not want litigation approach and call him and scare the hell out of him by showing the forgery, termination, and its consequences……………..

 

Issue termination order citing unauthorized absence (and forgery if the promoters agree and order it in writing). Keep copy for you.

 

If the employer wants send the matter to company’s legal cell for opinion and let the legal cell handle the matter……………………let a legal notice be issued to him.

 

If the employer wants let the company file police complaint and criminal case.

 

If he is not at the address keep the returned cover of redg. post in his personnel file, for future reference.

 

 

>>>> As a HR person limit your role to HR functions e.g. termination.

 

 

 

Sudhir Kumar, Advocate (Advocate)     21 September 2013

agreed with Mr Kumar Doab

need advice (l)     23 September 2013

thanks for the valuable suggestion 

my director whose signature was forged is very angry after receiving the papers from epf office as the ex employer who argued with my director last 

so my director is prepared to take criminal action that why i want to take suggestion as our is a small firm we dont have any legal cell 

so what step i should suggest as he told me to take information how to proceed further 

like going through police complaint and then criminal case or direct court case 

please experts

Kumar Doab (FIN)     23 September 2013

It is reiterated that: as a HR person limit your role to HR functions……………………… Don’t meddle into litigations. You are not aware what has transpired between the employer and employee. If the employee has indeed left without resigning……………………….proceed to initiate termination and complete the file. Of course you may check why at all he acted in such manner. If the employer wants to initiate legal action or police complaint he must be aware where Thana is and where is the office of his lawyer? You may at the most drop a verbal hint that complaint can be filed. Do not leave anything in writing. You can very well comment that it is a legal point so a lawyer should be consulted. In small and smaller companies the employers would want its HR personnel to do everything for them (even if they are unevenly paid) and be a lawyer also. The only point seems to be that it is easy to make a HR person scapegoat if the need be than a lawyer. Don’t leave your trail of criminal complaints and cases that may even chase you later. You must have joined this company to grow further. So initiate good HR practices, leave your mark, and jump to be with good companies with excellent HR practices and cross the floors. Be amongst the HR personnel that are counted amongst the finest.

need advice (l)     23 September 2013

ex-employee was working since 2 years with a respectable salary. he left without informing the company and joined in another organisation (present employer) i joined 6 months back after one and half month he came back to the employer and asked for the salary for the period which he had not worked and the issue was in front of the whole staff (not in cabin) and he had spoken very high voice and our director told him to submit resignation and then he will settle the amount but he had told he will not and left the place after three weeks we received the above application

Sudhir Kumar, Advocate (Advocate)     23 September 2013

please read again what Mr Kumar Doab suggested.

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