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SURYA RANGAN (Business)     23 January 2023

Non payment of employee pension fund by co-operative society

My father worked in a cooperative super market from 1975 to 1985. During his tenure, the epf is dedicated from his salary and maintained by the Pension Committee of the co-operative society. Now my father is 65 years old and when he visited the office for claiming his pf and pension, the staffs were not answering. My father do not have any proof of employment from his side, but his name can be traced in the employee registers of the society. Please provide solution for my below questions:

1. Is there any way we can get the employment details (employee number/service register/pf contribution details) of my father from the society. 

2. What will be the proper forum to claim the pension/ gratuity amount. 

Thanks in advance. 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 January 2023

How to know the PF account number

  1. Check for the number in your father salary slip. Your father's employer operates his EPF account, and you will find his EPF account number on his salary slip. ...
  2. Consult the HR department at his workplace. ...
  3. Use the UAN portal. ...
  4. Visit the regional office.

Sudhir Kumar, Advocate (Advocate)     26 January 2023

This sounds impossible to believe that an employee served so long and has no employment prooof.

 

The facts given by you stated that :-

 

1.      Your father was a cooperative society employee.

2.      His PF was deducted but not deposited inEPFO.

3.      He has no proof of employment.

 

The empoloyer with 20 or more employees (any time) falling in schedule of EPF Act 1952  (ulss exempted by Min of Labour) is bound to depsit employee share and employer share in EPFO.

Your query is silent about the nature of business and also no of employees.

Evenif he is enjoying exemption (as many PSU and top corporate houses) still he is liable to depost pension fund in EPFO . 

 

Your father should make a written complaint to the Regional Provident Fund Commissioner in whose jurisdiction the firm is working.  A request is to be made that action under section 7A (quasi-judicial) be started against them and he should make a specific request that he should be allowed to be present on all haring.  EPFO has the powers (unless decide to turn blind eye) inspect all record [employment register / balance sheet / attendance records / income tax statement ] for all entire period since inception of the company. They hae mechanism to assess liability and recover employee share and employer share from company with interest/damages upto date.


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