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Lisha (customer care)     09 May 2008

Not getting my PF

I have worked in a private medical billing and coding company . I  had to resign from company as the process was closed, and now I am not getting my PF, . The company management is always making excuses and tells it will take more time. 2 Months passed with same excuses and i havenot got PF.

Can you suggest me , how can I get my remaining money with the company?

 



Learning

 4 Replies

H. S. Thukral (Lawyer)     10 May 2008

Employees' Provident Fund Act and Rules framed there under, an employer has to deduct contribution from the wages of an employee and along with his contibution he has to deposit the same in Provident Fund office.Some employers have their own trust( It does not seem to be case with your employer). There is provision for recovery of the contrribution of the employer if he has not deposited the contribution as applicable. You can file a complaint with Regional Provident Fund Commissioner who will pass necessary orders for recovery if the contribution has not been paid. If the contributions are duly deposited and paid, an employee has to submit an application for withdrwal of the contribution to the Regional Provident Fund Commissioner through his employer, which would not be refused. If the contribution has been deducted from the wages of employees and not paid to Regional Provident Fund Commissioner, it may amount to criminal breach of trust which is a penal offence. For immediate action, you put a note in writing to your employer stating facts and intending action by you.

Lisha (customer care)     16 May 2008

Thanks Dear Harbhajan Thukral.

KUNAN (LEGAL)     25 May 2008

Hello Lisha, You can make an application claiming your PF to the office of the Regional Provident Fund Commissioner of your region. If then no action is taken you can file a writ petition before the High Court seeking writ of mandamus against the Commissioner to take action for release for your PF. Hope this may guide you. In case of further query you can put an email at kunanbnaik.ad@gmail.com

Ganesh Narayan.S (CA Articles Assistant)     17 July 2008

Dear Lisha, as told by others you may file a writ against your previous employer in the court.Further the file which i have attached I believe will be useful to you in future.All the very best.


Regards


S Ganesh Narayan


Attached File : 13 pf.doc downloaded: 243 times

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