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Kiran (D)     31 October 2012

Pf withdrawal what to do if company is not responding

Hello Legal Expert/s,

First of all let me appreciate the effort you all are putting for helping people who are unaware of legal complexities /depth.

I have left a pub. ltd. organisation & wanted to withdraw PF amount. The form was submitted by the org. to pF office 7 months back, but I got the staus as rejected through online PF Portal. And the form was returned to the org. by the PF Office.

The date of leaving required a correction& resumittion to PF office through the organisation.

I have requaetsed many a  timesto resubmit after correcting the date , but the org. is not responding about resubmitting the forms to PF office./ updating about difficulty they are facing.

Could you please guide me for any procedure for direct application to PF office or any legal way  I can opt for.



Learning

 7 Replies

Samson Samuel (Lawyer)     31 October 2012

Hi Kiran

 

If the organisation is not responding to your query about form resubmission then you can:

1. First send a letter to the organisation seeking the information on resubmission through registered post.

2.Then also if they dont respond then you can directly send the PF Withdrawal form to the PF Department. They will accept the form. In Support you should annex a letter clarifying the reason for direct submission.

Kumar Doab (FIN)     31 October 2012

Mr. Samuel has given valuable advice. Kindly follow it.

Company is under obligation to submit forms to PF office in 5 days, and to supply the acknowledgment issued by PF office, to the employee.

You may submit a detailed representation addressed to the good offices of You may submit a gentle representation {give it title NOTICE} in writing under acknowledgment addressed to the good offices of your appointing authority, MD, Company Secretary narrating all previous representations by phone {mention phone numbers} email, letter, in person etc {mention date, name/designation/dept/address of company personnel, and minutes of discussion}and demand that company should supply you the acknowledgment issued by PF office while submission of PF forms for the first time and of resubmission.

You may specifically mention that if company has not resubmitted the PF forms company should supply you the detailed reason in writing on its letterhead under original seal and signature by hand of the competent employee of the company.

You may lodge a complaint with o/o concerned APFC, RPFC, Addl. CPFC, CPFC with copies of all communications/representations made to the company and demand penalty to be imposed on the company and erring employee of the company.

Thus you shall help fellow employees, countrymen by reducing one good for nothing employer/HR personnel. Once penalized, these personnel shall be extra careful next time, and shall not sit on papers or maintain studied silence. Such individuals are not fit to be left to loose around.  

You can always submit PF forms attested by BM of your bank.

It shall be appropriate to transfer the PF and keep you’re a/c regular for 10 years and be eligible for pension.

 

Ms.Nirmala P.Rao (CEO)     31 October 2012

Dear Cli9ent,

 

                    You can file a Writ Og Mandamus under Art 226 in the copncerned High court seeking a direction to the PF Commissionner to consider your corrected resubmit application for payment of PF ALONG WITH DAMAGES and the PF Office cannot unduly delay your application for payment of PF AFTER YOUR CORRECTED RESUBMITTED VERSION OF THE APPLICATION.. YAH!!1 yOU CAN DIRECTLY APPROACH THE PF OFFICE/CE/OMMISSIONER.

 

Ms.Nirmala P.Rao

Legal EXpert

Sudhir Kumar, Advocate (Advocate)     31 October 2012

submit complaint to RPFC seeking prosecution of employer for non-submission of claim

Samson Samuel (Lawyer)     31 October 2012

Kiran

Mr. Kumar and Ms. Niramala has also suggested very well. 

Let me make it more comfortable for you in case you are a layman. All the above discussed things can be praticed in the following manner:

1. First send a letter to the organisation seeking the information on resubmission through registered post.

2.Then also if they dont respond then you can directly send the PF Withdrawal form to the PF Department. They will accept the form. In Support you should annex a letter clarifying the reason for direct submission.

3. If step 2 does not work lodge a complaint with o/o concerned APFC, RPFC, Addl. CPFC, CPFC .

4. Last step is to file a writ petition in High Court as suggested by Ms. Nirmala.

Sudhir Kumar, Advocate (Advocate)     01 November 2012

I disagree with Mr Samuel.

 

There is no point on asking clarification from company. She is required to send application to the company for attestation.

 

PF deptt does not accept form which is not attested by authorized signatory of the employer. But they are bound to act if there is a complaint of non-attestation by employer as in such case the employer is liable for prosecution ( not at the behest of subscriber rather on application by EPFO)

 

Writ petition in high court dies not lie against private body.  It lies only against EPFO being Govt body.   Now EPFO does not  come in picture unless they fail to act upon,  either (i) attested claim is submitted to them ; or (ii) complaint of non-attestation is submitted to them.

 Based on the given facts there is no delay in EPFO.

 

Kumar Doab (FIN)     01 November 2012

Kiran,

As suggested by Mr. Sudhir Kumar you should lodge a complaint for non attestation of errors pointed out by PF authority {date of leaving} and resubmission of attested forms.

However avoid the online complaint and submit complaint by letter, under acknowledgment. You can always peruse by RTI. IT shall be worth it.

It is felt that all columns meant for employee in the forms for withdrawal of PF were filled by you before submission by you to company. You must have filled your date of leaving too.

Did you keep a copy of the forms submitted by you?

Why should there be any error in date of leaving that needs to be corrected if date of leaving is same as in record of employer and employee????

Did you have any issues with company regarding acceptance of your resignation????

Id your date of leaving same as given in your notice of resignation/resignation, acceptance of resignation, FNF statement, work experience/service certificate, relieving letter???

Has the company altered your date of leaving filled by you in your PF forms???

It is felt that PF forms submitted by you are your property and company is duty bound to return these to you in original or copy of both returned by PF office and resubmitted by company to PF office.

It is also felt that company is concealing something from employee and might have inserted some communication in your personnel file including some letter by ordinary post asking you to resubmit the forms. Company might state verbally that forms returned by PF office can not be located in office etc…

However you may generate the printout from on line facility of PF portal and submit a crisp and terse communication to good offices of your company in writing under acknowledgment narrating all representations made by you so far {mention dates, phone numbers, name/designation/dept/address of company personnel etc} and raise your demands, and ask for reply within next say 7 days by regd. post. You may mention that postage prepaid {as purchased from PO} self addressed envelope is enclosed for supplying the reply and copies etc by redg. post to you.

Thereafter you may lodge a complaint with o/o PF commissioner, under acknowledgment by letter, enclosing copies of your representations to company and demand investigation by PF official and chase thru RTI route and tame and shame them and get them penalized.

As far as your funds in your PF a/c are concerned these are safe and are attracting interest, and you can always submit fresh forms attested by either of the designated authorities including your bank manager, however the correct date of leaving is the issue that needs to be addressed or your case may again linger on. You may enclose copy of either of your notice of resignation/resignation, acceptance of resignation, FNF statement, work experience/service certificate, relieving letter to establish correct date of leaving as per your record.

If you had submitted notice of resignation { communicating effective date of resignation/last day in office} and company accepted it before it you can stake your claim for notice pay or term the action of company illegal as suitable to you and as affirmed by your lawyer.

Valuable advice of learned experts/members is sought.

 


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