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Kumar Doab (FIN)     17 March 2011

Delay in payment of PF

X resigned from Indian MNC.Company never mentioned PF number on Salary slip.

Can company do it?

X struggled and finally got PF number by email.

X submitted PF withdrawl forms to past employer.

After  6 months or so , company called on phone and person claimed to be CONSULTANT for PF to the company and claimed there is some error in filled up forms.X asked him to be specific and give specific details.

Company never gave any details and neither returned forms.

After 1 another month company sent one receipt of deposit of PF forms with PF office at VASHI ( Maharashtra).

For another 4 months no payment was received.

X was adviced and he logged online complaint at epfindia.gov.in and received complaint registration number.

For last 65 days the rsponse at the website is :

"Under Examination at our level"

Sometimes the status is shown at by EPFO VASHI, or Thane,or Bandra.

Central PF commissioner has also not givn any reply.

As per advice if response and resoloution and payment is not received within 30 days , applicant may write to PRO.The website does not have PRO.

However X has sent email addressed to PRO at EPFO office VASHI,  Thane,Bandra .

 

No reply.

Kindly advice what should be done in order to get payment + penalty from company..



Learning

 3 Replies

MAHESH SINGH (SR. HR EXECUTIVE)     18 March 2011

Dear Mr.x

Now follow up with pf office no any roll of company in your case.

Kumar Doab (FIN)     18 March 2011

 

Dear Mr. Mahesh Singh

Thanks for your advice.

 

Learned Experts and Members:

 

Kindly provide your valuable advice on following:

1. X conveyed to company by email that he wants to withdraw PF, and asked to supply his PF number. Company took more than month to supply Pf number by email.

Is company liable to pay penalty for this period of more than 1 month?

2. Company remained sitting on PF withdrawl forms for 6 months and called x 6months fater receipt of forms.

 

Is company liable to pay penalty for this period of 6 months.?

3.After 1 month of their contact as mentioned at 2. company deposited forms with PF office.

Is company liable to pay penalty for this period of 1 month?

 

4. PF office in place of 30 days prescribed period for release of funds has taken more than 65 days.

, despite many representations by X.

Is PF office liable to pay penalty for this period of 35 days.

5.PF office website does not have contact details of PRO.

Addl. Central  Provident Fund Commissioner  Maharashtra & Chattisgarh  EPFO,

and Central Provident Fund Commissioner has not supplied any reply or relief or any status or address of PRO despite reprsentations by email.

 

How to obtain address and email id of PRO?

and What next should be done.

 

 


 

Sudhir Kumar, Advocate (Advocate)     20 November 2011

Company has no duty to supply PF foprms. It is available free of cost from PF office and on website.

 

Whatever be the delay in claim and whatever be the delay in settlement.  EPFO pays interest till last day which is higher than market.  You are not a looser. So no claim against company

 

For delay above one month PF office is liable to pay the penalty which you can get only from High Court or consumer court.

 

Do not be always sure to get e-mail response from Govt body.  Please write formal complaint.


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