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gurpreet kaur (Trainer)     12 December 2012

Pf related issue

Hi I am Gurpreet.I have resigned from my organization in year 2008 and filled my PF form in 2009 but till date i haven't recieve my PF amount.After doing the continuous follow up with my company i have been informed that my form got rejected and it was re-submitted.This was happened thrice.I have marked the mail to PF deptt RO and SRO for about 1 year but they also not provided any resolutiion.Finally i have sent my application through RTI to the PF commissioner in kandivali as our office is at Kandivali for PF.They replied me after 2 month that the form has been rejected as there is a difference in the contribution and no reply recived for notice sent.I marked the mail to the company with the reply of PF office and then they say due to some audit issue we cannot send the form to PF office again.After that the vendor of our company who submits the employees form asked me to wait for 8-10 days as there is some problem and we are checking with PF deppt.And now they are also not bother to reply on my mail.

Pls help me as it's been 3 years i m struggling for PF amount and nobody is giving me proper response.

Thanks



Learning

 7 Replies

Kumar Doab (FIN)     12 December 2012

“They replied me after 2 month that the form has been rejected as there is a difference in the contribution and no reply recived for notice sent.”

As you have supplied the copy of reply obtained thru RTI company is now maintaining studied silence. Yu may demand certified copy of the reply of the company submitted to PF office.

As PF office has taken more than two months to reply you can escalate to appellate authority.

You can lodge a complaint with RPFC, Addl.CPFC of the state, CPFC. You shall find the addresses at website:

www.epfindia.gov.in

You may also lodge a complaint with CVO alleging connivance/corruption, due to inaction and investigation and penalty to employer.

You may mention that you shall be constrained to seek legal advice at the cost of PF Dept. which shall have to be shared by RPFC, Addl.CPFC of the state, CPFC and shall be approaching the institutions of print and electronic media, police, courts of law, NGO’s, DCDRF, etc at their cost and consequences.

You can issue a lawyer’s notice to PF officials and your company.

If your employer has not supplied you the PF account slips for entire period of service, you may demand for the same thru redg. post.

You may submit a request in writing under acknowledgment addressed to good offices of your appointing authority, MD, with a copy to Head-HR to supply you the account slip issued by PF office for onward supply to employees and highlight that these have not been supplied to you till date. Employer is under obligation to supply it. Company should use effective mode e.g. redg/speed post, courier of repute. Some companies provide link to employee portly from which employees can download their PF account slip.

If you are doubtful and if good offices of company maintain a studied silence you can peruse RTI route to obtain copy of Form 3A, Form 6A, Form 23, Form 24, certified copy of notice sent to company along with its POD, name/designation/address of PF Official who has been asked to visit and check the records of the company, certified copy of the records checked by PF official, inquiry report submitted by PF official, reply of the company……..  from PF office. While you peruse RTI route first you may inquire how the reply is sent as practice by ordinary post or by redg/speed post. If it ordinary post you may mention in your RTI application that postage prepaid self addressed envelope on which postage stamps of Rs…….are affixed is enclosed herewith.

It is felt that PRO/ APFC, RPFC in local PF office at your location can guide you and help you on how to proceed and can also accept your complaint and RTI application and forward it. However you may check yourself by meeting them.

Valuable advice of learned experts/members is sought.

1 Like

Sudhir Kumar, Advocate (Advocate)     13 December 2012

I agree with Mr Doab that compaint should be lodged with the CVO.

 

If you have to make an RTI you should seek following information :-

 

(i) Dy No of each claim.

(ii) name and designation of dealig clerk, SS, AO, APFC who dealt with the claim.

(iii) the date on which it was returned.

(iv) Name and designation of the despatch clerk.

(v) relevant extract of the despatch register.

(vi) amount of postage paid.

(vii) Address to which returned.

(viii) name and designation of person who made computer entry of return of claim.

(ix) Cause of return of claim.

1 Like

Sudhir Kumar, Advocate (Advocate)     13 December 2012

It may be better option to get the fund transferred to present account wher eyou may now be serving (or intend to serve)

Kumar Doab (FIN)     13 December 2012

Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

Do not give breathing time to PF Dept. and company and shoot as many communications, complaints, RTI applications as much possible.

Kumar Doab (FIN)     13 December 2012

You may write to good offices of your appointing authority, MD, Company Secretary and demand to inform you name, designation, dept, address of the company employee who has received the notice of PF dept, date of its receipt, certified copy of reply of company, date of its dispatch and POD, acknowledgment of the reply of the company issued by PF office

And also name, designation, dept, address of the company employee who has received the notice of PF dept supplied by {obtained thru RTI by you} and certified copy of the reply sent to you if any. You may mention that you are enclosing postage prepaid {as purchased from PO} self addressed envelope for sending all communications to you by redg. Post. You may submit a list of expenses incurred by you on phone calls, emails, letters by redg. Post/courier etc and demand comepnsation.

Keep your representations to PF office, good offices of the company watertight and airtight and do not leave any room for them to escape.

If reqd. issue legal notice and pull them to DCDRF/Lok Adalat, court of law at your location.

Sourabh (Consultant)     18 April 2015

Hi,

I had left my previous company in March 2007, I applied for PF transfer in May 2010. My PF transfer happened in March 2014 after so many follows up and grievances. But transferred amount has only principal and interest till June 2011. I didn't get interest from July 2011 to March 2014.

I raised grievance again in RPF, and RPF staff told me that I left company in June 2008(basically on this date my new company formed the PF trust).. and so they had given me interest till July 2011. Some rule says one should get interest only till 3 year after of service termination

My point is that why my PF transfer took 4 years. and since its was not my mistake. I should get full interest.

Please advise me on my issue. 

Regards,

Sourabh

 

 

Kumar Doab (FIN)     18 April 2015

Show all docs on record to an able Labor Law Consultant and a lawyer dealing in consumer matters and your counsel may opine that you can pull them to DCDRF.


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