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V.G.Rao Advocate (Advocate)     15 December 2009

how to with draw the PF amount if the employer refuses ?

Hi all,

My freind is resident of Hyderabad, in the year 2005 he got job in a Insurance company situated at gurgaon, out of every  monthly salary a sum of Rs 1,125 was deducted towrdas his provident fund and the company also contributed equal amount towards PF and used to deposit the PF amount in to the treasury account of PF situated at gurgaon. in the year 2007 my friend resigned from the job as he got another job with higher remuneraration, as per the company norms he has to work for one month after resignation i.e giving one month notice, however from the date of resignation he went  to office to work for one month, and during said one month the company obtained his signatures for 8 days only in the attendence register and deliberatly not given him attendence register for 22 days, unfortunatly my friend cannot proove the said fact as they denied the latter, and furhter they shown the date of resignation and date of leave the same day,  after one month he came out of the company, and to with draw His PF amount from his account he had at gurgaon forwarded his withdrwal form for signature before his employer, but the employer refused to sign the PF withdrawal form on the ground that he had dues to be paid to the company and same will be set of from his PF account.

In the said circumstances how to with draw the PF Amount situated at gurgaon when the employer refused to sign the withdrwal form while employee is at hyderabad?

My friend though joined new company he worked their for few months and left the job and he is idle now, and he has not transferred his PF accountto Hyderabad.

if an employer refuses to come forward in-spite of issuing notice to him to sign PF withdrwal form, who is competent to sign the form? can a local MLA from the Hyderabad sign thePF withdrwal form to with draw the amount situated at PF account gurgaon? will it be accepted?

What is other legal remedy available to my friend to with draw the PF amount without the signature of the employer, if yes under what provision of PF act and PF rules.

It is urgent , kindly help me.



Learning

 3 Replies

J. P. Shah (RTI & CONSUMER ACTIVIST)     15 December 2009

He can get his sign attested by a notary, bank manager, magistrate, etc as stated at www.epfindia.nic.in

J. P. Shah (RTI & CONSUMER ACTIVIST)     15 December 2009

Naresh Kumar (Sr. Executive)     18 December 2009

No one can stop him from withdrawing his PF accumulations. If the employer refused to sign the PF withdrawal forms can be got attested by a Bank Manager where the member maintains his saving account. After getting the forms signed by the Manager, member can get the same deposited where the PF is deposited along with a covering letter to the RPFC that since employer has refused to sign the forms, the same have been got attested by the branch manager. copy of the letter may be marked to Central Provdent Fund Commissioner requesting him to issue instructions to the concerned to process the forms without any interruption. Further no outstanding dues can be deducted by the employers as it is deposited with the PF Department and no employer has any right to get any type of dues deducted from the PF accumulations.

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