Not receive hire wages pension due to comapny not provide details to epfo

In the event of an employer’s non-cooperation regarding the 'Higher Pension Option' following the Supreme Court's judgment in EPFO vs. Sunil Kumar, an aggrieved employee should initiate a structured legal escalation. First, it is imperative to establish a formal paper trail by sending a Demand Notice via Registered AD or Speed Post to the company’s HR or Managing Director; this notice must assert the statutory right to a higher pension, demand the submission of wage details and the signing of the Joint Option Form within a 7-10 day window, and clearly state that the employer will be held liable for any resulting 'irreparable financial loss.'

If the employer fails to comply, the next step is to file a formal online grievance through the EPFiGMS portal, specifically citing the 'Non-Submission of Joint Option/Wage Details' and attaching the Demand Notice as evidence of the employer's refusal.

Finally, if administrative hurdles persist, a written complaint should be submitted directly to the Regional PF Commissioner (Compliance) with a specific request to invoke Section 7A of the EPF Act, 1952. Under this provision, the Commissioner possesses the powers of a Civil Court to conduct a formal inquiry and legally compel the employer to produce the requisite salary records, thereby ensuring the employee's rights are not blocked by institutional inaction.

You can consult an advocate practicing in service law and wages for detailed further course of action in this regard.

The employees who retired before 01.09.2014 who did not exercised option cannot claim it.  But in the year 2023, the employees who did not opt can now exercise the option before 11.07.23; such employees' EPS contribution will be calculated from the date of their joining as per SC orders.

Consult a local prudent lawyer with case file.