Pf withdrawal problem

The employer has no right to withhold your PF. It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organization to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. You may visit the PF office and fill up the withdrawal forms (19 and 10C), and enter fill establishment Code and your PF Account no. In your case just forward your claim form to the concerned RPFC with a letter stating employer has refused to sign the forms. Mark a copy to copy of the letter may be marked to Central Provident Fund Commissioner requesting him to issue instructions to the concerned to process the forms without any interruption, and then the PF officials will send their PF Enforcement Officers to such establishment and then they takes some penalty and sign from your employer and then you will get settled your PF claim. PF will be remitted straight away in your account. You may obtain signature& seal of Astt.Commissioner of Labour or Govt Labour Officer or Gazetted officer (in place of employer, signature of gazetted officer is required in case of a closed establishment) ,Manager of a bank, Member of the Central Board of Trustees./ committee/ Regional Committee (Employees’ Provident Fund Organization), Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public. and submit the same to RPFC, with a letter as mentioned above. Did you send the forms to employer? If yes do you have the POD? Do you have any record (audio/visual/email/letter etc) confirming employer has denied signing the forms. If yes your case is even stronger. Employee should always record such situations.

Refusal to attest PF withdrawal form renders an employee liable for prosecution.

Do you have the copies of letters issued by RPFC to employer? Are these letter/notice dispatched by redg/speed post?

You may get in touch with PRO, RPFC and demand the copies of communications or use RTI route.

You may escalate the matter to CPFC, and demand prosecution.

You may visit a competent and experienced lawyer with copies of all communication sent by you to employer, RPFC and by RPFC to employer and your lawyer can advice you on the merits and possibilities based on record and inputs given by you. Your lawyer may choose to issue legal notice.

Valuable advice of learned experts/members is sought.

You have to make a cformal complain to the area RPFC requesting for prosecution of the employer under PF Scheme. (availableon their website www.epfindi.nic.in ) In case there is no actin yu can write to CPFC, Minisser of Labour, Chief Vigilance officer of EPFO, Chief Vigilance officer officer of Ministry of Labour, Central Vigilance Commission alleging connvance of EPF opfficials.

Send a notice ( which you can also send)/legal notice  to CPFC,RPFC, citing reference of all emails, letters, phone calls( mentioning date,calling person's phone number, called person's phone number), and demand:

-copies of  communication sent by you to employer, RPFC and by RPFC to employer , Addl. PFC to RPFC/CPFC etc.

- date of intitiation of action,detail PF employee assigned to take action , date of visit to employer's office, copy of report and penalty levied/collected, memo issued to employer etc.

-refund of all representations made by you by emails, letters, phone calls (   mentio cost) plus demages by CPFC,RPFC etc.

- damages charged/levied to employer.

This should speed up the action.

Followwhat Mr Kumar Doab is saying. Forget the path of e-mail. It gives you nothing.

RTI is only a tool of getting information and do not at all treat it as a greivance redressal mechanisam.

Yes.

You may mention that if following or above ( as deemed fit in your case) are not supplied to you within say 1 month you shall be constrained  to approach the institutions of say print and electronic media, NGO's, public-social-legal forums, courts of law, lawful authority, Government regulators, Ministries of government and Minister, o/o PMO, President of our republic, police ( suspecting collusion, connivance or whatever as applicable in your case), persons of social and legal repute, unions and associations etc in a lawful manner at the cost and consequences of the opposite party. You may mention that you shall seek legal opinion and shall charge the cost of legal opinion and case related expenses e.g. typing, traveling, lawyer's fee, court fee, telephone calls etc.........to opposite party.

Usually the opposite party even if hard skinned, shall get the message that the next step of the aggrieved shall be going public and legal notice/complaint/court case.

It shall be appropriate to show all records to a competent and experienced lawyer, trained legal mind and get your representations carefully drafted and structured.

It is strange that despite court order you are not paid your due wages etc.

If you can post the details of unpaid amounts, reasons, and copy of court order etc, (You may erase the names etc to maintain the confidentiality) you shall have the benefit of getting the opinion from many of the learned experts/members of LCI.

Thanks a lot Dear....

You may use RTI route to :

-obtain the copies of all letters issued by RPFC, CPFC, Addl PFC etc and inquire the status report of action taken by RPFC  on letters received from  his superior office, action taken by CPFC, Addl PFC etc on letters written by them to one and all and for not taking action by one and all as there has to be some pounishment for adhering to set procedure and law of the land applicable to PF officials.

- punishment to be awarded in situation as in your case.

You may approach the court which awarded order in your favor for payment of clearnace money and notice perios salary and file contempt of court.

Do not mix PF settlement with due wages issue. Both are different.

@ Sandeep Kapoor,

Kindly update the developments in forum.

Y9u say that These "people are ready to spend time and energy in replying a long RTI questionnaire but not ready to refund the paltry amount of my Provident Fund" You are wrong.  They are not replying RTI willing they are doing so beucase of fear of fine and jail under RTI

You said "more than 3 months I havent recd any reply, plan to send one more application to the appelate officer demanding why the reply hasn't been sent " No "why" cannot be asked under RTI.  You can submit complaint to the Appellate Authroity for non-provision of information within one month and equest that information be provided.