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munuroy   19 December 2014

Pf & gratuity problem

Dear experts,

 I am in a big trouble of life. On 10/4/2010 i was dismissed  from service of a nationalized bank as an officer employee.Being aggrieved a case was filed in the High court on 17/1/2013. High Court ordered to exchange affidavits. Bank failed to comply . In this mean time bank closed my PF account. without any information/intimation to me,  bank did this on 25/1/2013,by  crediting my savings account, that too without my knowledge.on 30.11.2014 i used RTI and came to know all about this.After getting documents i observed that PROVIDENT FUND DEPTT.  "FORM NO 1" is not carrying my signature. At the place of signature bank has written "Dismissed.sri roy not submitted the form'.But the reality is bank never communicated over this matter. So nearly two years my PF money earned only saving interest and not a F.D. interest. I have lost a good amount of money as interest. My question is whether bank's action can be termed as breach of trust by acting fraudulently  ,by forging my signature in the FORM NO1,WHICH IS  statutory in nature ,bank unauthorizedly acted keeping me in total dark.

Please advice whether i can take criminal action against bank including consumer action/ or any other legal action relating to PF/ GRATUITY violation.



Learning

 5 Replies

Jai Karan Nagwan (consultant)     19 December 2014

You should have filed appeal against dismissal, if you haven't did so due to any of your reason, Best way to withdraw your PF and gratuity. I am sure there will not be any problem in PF withdrawn, may be issue in your gratuity, if it is forfeited in enquiry.

munuroy   19 December 2014

Mr,jai karanji,

  I had filed appeal against dismissal ,but it was turned down.That's why my case is subjudice in the High court.All this happened during this subjudice period.

Jai Karan Nagwan (consultant)     20 December 2014

Have you issued with second show cause notice, before your services are finally terminated. If not it was gross violation of principal of natural justice. Notwithstanding the facts you can re- apply for PF withdrawn, but you should not do that. In that case your chance of reinstatement will be very dim. Matter is under writ, wait and watch.

munuroy   20 December 2014

jaikaranji,

no 2nd show cause notice issued.my contribution of PF was deposited in my SB a/c without my knowledge. .writ pending.Deposit getting only sb interest. should i make it a F.D.should any withdraw from sb a/c ,may hamper my case to the extent my reinsistment?


Please also state about any legal including criminal step may fit the situation!

Kumar Doab (FIN)     21 December 2014

Download PF rules of the bank.

Submit a representation to the trustee, Chairman and demand to let you know why which authority bank has deposited the PF in SB a/c and entered remarks in place of signature by member....without any intimation to you and without your consent........................and demand interest/compensation.

 

Your union leaders/counsel may advise you to approach DCDRF......

 

You may find another thread as relevant :

 

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp#.VJahooNAmo

 

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