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Rana Basu   26 May 2018

Pf settlement

I was an employee of a private company where the PF was maintained by their Trustee (Exempted Establishment). Here I resigned in 21-05-2004. Thereafter I joined a manufacturing company on 10-01-2005, at their factory unit which was maintaining their PF Account with the RPFO, Salt Lake, Kolkata. Their Head Office Account is maintained at EPFO Office in Park Street, Kolkata. Immediately after joining I had applied for transfer of my EPF and EPS amounts to my PF Account maintained with this new establishment. The earlier Company, after much follow-up transferred the amount to EPFO on 28-05-2007. Thereafter I had been periodically pursuing the matter with the RPFO Office but was not getting any favorable response. I retired from service on 31-07-2012. After much follow up and complain to the Grievance Cell the amount was finally transferred to my PF account in April, 2008. Meanwhile, the Company had closed the factory unit on 31-12-2014 and all employees had been relieved. Since there was no authorised signatory of the factory unit available, I got my Form 19 and Form 10-D physically signed by the Chief Financial Officer (CFO) of the Company. But, the PF Office at Salt Lake where I had my account rejected my claim stating that the CFO did not have his Digital Signature uploaded in their site. Despite my requesting the CFO is refusing to upload his digital signature because as per him the unit does not exist any more. Please advise how I can get my accumulated PF and Pension amounts without the CFO uploading his Digital Signature.



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 11 Replies

Pradipta Nath (Advocate)     26 May 2018

Dear Sir,

Please note that the PF Forms are getting rejected because your ex-Company’s CFO is not the authorized person to sign the Forms.

Further it is also a fact that these types of problems are often faced by the individuals and they do get a solution as well. Please consult any PF ESIC Consultant to get this done at the earliest.

Sudhir Kumar, Advocate (Advocate)     26 May 2018

You hae to submit a formal complaint against CFO as he is practically declining to submit your applcation as per procedure and is liable for criminal action.

Pradipta Nath (Advocate)     26 May 2018

Dear Sir,

Appreciate your views. But please throw us some light on the fact that if the CFO of the Company is not the authorized signatory under the EPF scheme of that Company, where is the fault and whom to blame?

Sudhir Kumar, Advocate (Advocate)     27 May 2018

He never said that CFO is not authroised.  He simply narrated that he is not following procedure to submit the claims.

Pradipta Nath (Advocate)     27 May 2018

Yes Sir, May it is never said that the CFO is not unauthorized, but the PF department meant that!

As in the proposition itself it is written that the PF department has rejected the Forms due to the fact that the CFO has not uploaded the digital signature in the PF portal. This only means that the data pertaining to digital signature in the PF portal is not tallying with the signature in the Forms.

Notwithstanding, we all know that in order to remit monthly PF confirmation with the digital signature is needed. So it is very easily understood that there is already a record on the digital signature is available or uploaded in the PF portal which is not the CFO anyway.

Apart it is also not held in the statement of Mr. Basu Sir that the CFO is the authorized signatory for the PF activities. Therefore I felt that may be complaining against the CFO will be only beating around the bush with all vain!

Anyway if the authorized signatory signs the PF Forms whose signature is uploaded in the PF portal may those will be processed with no rejection.

Rana Basu   27 May 2018

Sir, let me clarify a few points. The manufacturing unit of the Company where I was working has closed after 31-12-2014. The Head Office employees belong to a different establishment code of the EPFO Office (although in the same city). Since no authorised signatory of the manufacturing unit is now available, I approached the CFO (since he is the Finance Head of the Company as a whole and is an authorised signatory for his HO employees) and got Forms 19 and 10-D physically signed by him. My query is how do I get my accumulated PF and pension amounts now from EPFO Office without a digital signature? Is there any other way available?

Pradipta Nath (Advocate)     27 May 2018

Just obtain the information on the authorized person’s name whose name was provided in the employer’s name during which the unit was functioning. Please note that there was definitely an uploaded digital signatory in the PF authority’s record because without that monthly PF remittance is not allowed. You need to get it signed from that person. Your PF forms will get rejected unless the authorized signatory signs your forms, and in your case the CFO is not the authorized person is crystal clear!

Please ask your ex-HR on this, may be he/she is the best person to give you correct information and help you out. In case the authorized signatory is not available, there is also a way out available which I already enumerated in this my earlier thread.

Rana Basu   27 May 2018

Let me once again state that there were three authorised signatories of that manufavturing unit who were then in employement and have all resigned and left when the unit was closed. The Head Office, situated in the same city but having different Establishment Code is still functional. Since the CFO is the Principal Finance Head of the Company and an authorized signatory for the Head Office PF, the EPFO authorities should take cognizance of that and process my claim, else they should direct the CFO to upload his digital signature again for the closed Establishment to process my claim. Surely, the EPFO authorities cannot digest my money on the pretext that the same cannot be processed for want of a digital signature. After all it is my hard earned money and not the Company's...

Rana Basu   29 May 2018

Sir, I have explained the situation. Can you provide me some advice and help for getting my legitimate accumulated sum?

Pradipta Nath (Advocate)     30 May 2018

Yes Sir there should be a solution for this because it is the hard earned money. The same is already explained in the beforehand threads of mine discussion.

Sudhir Kumar, Advocate (Advocate)     30 May 2018

Solution has been given to you.             

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