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praveen (psr)     14 November 2017

Provident fund managed privately by management trust

DEAR SIR,

MY COMPANY IS MANAGEING PROVIDENT FUND PRIVATELY BY MAKING TRUST, MANAGEMENT IS NOT RELEASING MY PROVIDENT FUND IN VENGEANCE AS IF LODGED FIR AGAINST SENIOR MOST MANAGERS FOR MANHANDLING AND IN LABOUR COURT AGAINST DISMISSAL SINCE 2002, I REQESTED MANAGEMENT TO RELASE MY PF AS I NEEDED FUNDS FOR MY DAUGHER EDUCATION, BUT THEY ARE GIVING LAME EXCUSES.

PLEASE GUIDE ME IF I CAN FILE CASE AGAINST COMPANY UNDER SECTION 33(C)(2) OF ID Act 1947 AS SUGGESTED BY MY FRIEND.

IF NOT PLEASE GUIDE ME



Learning

 8 Replies

praveen (psr)     15 November 2017

please provide me some answer

Sudhir Kumar, Advocate (Advocate)     16 November 2017

ID Act may not be needed there is faster remedy.

 

First of all reply back if the company is having a permission from EPFO toform such trust?

 

without this information I am not sharing my views.

praveen (psr)     16 November 2017

Company has permission 

My company is MNC and was merged with other MNC internationly. My Company HQ was at Bangalore and after merge it was shifted to Mumbai, Merged compnay requested Karnatka govt. to tranfer trust to Mumbai but that was denied by Karnatka Govt. Now Company has now filed case in High Court, company is not providing me proper information but I have come to know that Some of my co-workers after retirement has got thier accumulations. through express permission of HC Since i was dismissed and have lodged FIR against senior managers and in labour court against dismissal ,in vegeanace company is not interested to relase my funds hold privately by them.

 

Sudhir Kumar, Advocate (Advocate)     16 November 2017

You are not coming to the specific question I have raised

 

"First of all reply back if the company is having a permission from EPFO toform such trust?"

The quesation is very plain and simple and has a bearing for me to form a view with referenc eto the experience I do hold.

The reply you have given is very confusing.

If the company is lawfully maintianing PF on its own then it is having a permission from EPFO published in Gazetted of India to form trust.

 

In such a case it has nothing to dowith Karnataka Govt or Maharashtra Govt.

 

If you have lodged FIR then it is lodged in thana as Labour court has no power in criminal matters.

 

praveen (psr)     18 November 2017

Sir,

First of all I apologise to you for not able to make my problem understand to you,

1. Yes, company has permission for manageing PF by private trust by EPFO as i have proper PF account no.

2. Sir, I was dismissed for lodging FIR still sub-judice for man handeling me by senior mangers in 2002.( Not for PF)

3. Sir, I am fighting for dismissal in labour court.

4. Sir, required money for my daughter and education, i requested for loan from pf in 2015, but was declined and company said that you can withdraw only full ammount and send me the withdrawal form.

5 I filled the form and send back. They replyed me that after merger we requested karnatka govt. to allow the tranfer of account to Mumbai as head quater of company is in Mumbai, which was denied by Karnatka Govt. and hence case naw in HC as I have written earliar.

6. Company wrote me previously that they have send my application to Advocate at Banglore for express permission from high court.

7. They even informed me that advocate has filed my paper in HC now they says that HC has verbally suggested not to keep on filing the express permision.

May be I have able to explain you .

Please Guide

 

 

 

Sudhir Kumar, Advocate (Advocate)     18 November 2017

1. Yes, company has permission for manageing PF by private trust by EPFO as i have proper PF account no.
 
In that case they cannot ofer terms and conditions less advantageous than direct subscribers of EPFO.

Sudhir Kumar, Advocate (Advocate)     18 November 2017

4. Sir, required money for my daughter and education, i requested for loan from pf in 2015, but was declined and company said that you can withdraw only full ammount and send me the withdrawal form.
 
the company was right.  as ex-employee you have to withdraw or transfer the amount to new PF accout

Sudhir Kumar, Advocate (Advocate)     18 November 2017

5 I filled the form and send back. They replyed me that after merger we requested karnatka govt. to allow the tranfer of account to Mumbai as head quater of company is in Mumbai, which was denied by Karnatka Govt. and hence case naw in HC as I have written earliar.
 
 
Now again you are making ground slippery:-
 
  1. How state govt has come into picture?  If the company was allowed to maintain PF Account (ity is called exampted) then they are required to maintain a trust as per notification issued by EPFO. 
  2. If it is merged with uexempted company then entire mopney is deposited in EPFO state govt permission/intervention is not required.

please do proper check of the facts and only then you should expect meaningful advise.


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