hiteshdu (n/a) 22 June 2008

PF

1) A person working in pvt ltd firm, where company's regd office is in maharashtra and factory in another state. H/E, company filed PF contribution for factory employees only and not for maharashtra. If a person of regd office left the company after working for more than 10 yrs, is he entitled to get gratuatity and any compensation for not deducting his PF.

2) Is it right for company to file PF for their one office only, what are the cases can be regd with company for such irregulartiy of filling PF for one branch only and where.

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H. S. Thukral (Lawyer) 23 June 2008

For the sake of Industrial Laws, such as Bonus, PF, Gratuity etc. where the number of workmen are involved and profit sharing is concerned, both factory and Office are ONE concern. This has been well settled by Supreme Court. for Gratuity, you need not file a complaint. Send a notice to the employer as per Payment of Gratuity Act claiming the Gratuity payable to you and if the employer does not pay you can file a claim before the Authority appointed under the Act who generally is a senior officer from the labour department. After investigation he will issue a certificate of recovery and it will be recovered as arrears of revenue and given to you.

As far as Provident Fund is concerned you have to file a claim before the Regional Provident Fund as per provisions of EPF Rules.