Tanmoy Banerjee (Freelancer) 17 January 2011

WIPRO BPO Kolkata refusing to settle FnF

I joined WIPRO BPO Kolkata on 2nd Jan 2009 and was terminated with effect from 7th Nov 2009. I was terminated inspite of sending my resignation by post as well as E-mail. I could not physically go to office due to ill health so was advised to tender my resignation which they claim they did not receive.

Inspite of several reminder to settle my dues and assist me in getting my PF money nothing is being done. On the contrary Ms Rituparna Ghosh of HR (known as TED in WIPRO) says that I need to pay one months notice period money after being terminated from service to get any dues cleared as per companies policy.

Neither my appointment letter, termination letter or any labour law of the land states such terms of service. My PF number is DL/23719/93315. I don't have the exact breakup of my and companies contribution.

Since I stay at Kolkata its not practically possible for me to follow up the issue with PF Commissioners office at Delhi.

I would request a lawyer to take up my case so that I can atleast get my PF if not other dues. It is about Rs. 8,000/-. I have saved E-mail of all correspondence.

Please mail me t_banerjee@hotmail.com if anyone is willing to help for a reasonable legal fees.

Best Regards

Tanmoy Banerjee

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21 Replies

jyotirmaya behera (advocate) 17 January 2011

file a RTI. what they are saying just obsurve that. then u file a consumer case nearest consumer court.

jyotirmaya behera (advocate) 17 January 2011

sorry u can file a case at civil court..

Tanmoy Banerjee (Freelancer) 17 January 2011

All I am interested now is my PF money and not a long court case. I am aware that it can be withdrawn on form 19 from the PF Commissioners office. Since my account is in Delhi and I stay at Kolkata it is practically not possible for me to follow up unless the entire procedure is online. So I am asking for the help of a lawyer.

Tanmoy Banerjee (Freelancer) 18 January 2011

Is there no one in this forum who can take up a small case of PF money withdrawal in the absence of Ex Employer not assisting.

Mallik Karra (Done with AIBE) 18 January 2011

fill up the form-19 & 10C, get your signature verified from the Bank Manager of your branch where you kept your SB a/c. and submit the Form to the RPFC office with a covering letter mentioning clearly that my previous employer is not signing my PF withdrawal form hence I got my sign verified from the Bank. The RPFC him self will get your sign verified from the employer sending your form through the PF Inspector. Even then if you do not receive your PF amount, just make a reminder to RPFC. After that you have option to file a case before the Consumer Court making the party to the RPFC & your previous employer. The consumer court definitely will help you. Also make sure that before filing a suit in consumer court send a legal notice to the RPFC and Employer through any Advocate.

Further:

Under the provisions of EPF Scheme, when a member finds it difficult to get the form attested by the employer, he can get the attestation of any of the following officers & send the withdrawal forms to the Provident Fund office. It is not always necessary that the Employer only should attest. You need not be at the mercy of the employer. You may have some other dispute (notice period, money dues etc), but as long as the employment has "come to an end" by resignation, then you can resort to the following action. In most of the cases, the EPF Dept clears the withdrawal (by referring to the employer, and notwithstanding any issues which he may raise against the employee, because the EPF dept is not concerned with other issues).

Manager of a bank.

By any gazetted officer.

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.

https://www.lawyersclubindia.com/forum/Legal-Action-Aginst-Employer-Refusing-to-Sign-PF-form-15059.asp

hope this helps.........

Tanmoy Banerjee (Freelancer) 19 January 2011

Thanks a lot for the info. But my biggest issue is filling up form 19 and 10c as it requires breakup of money deposited in the account. Since hard copy of salary slips were not issued to me I don't have exact figure. Is there a way out.

Mallik Karra (Done with AIBE) 19 January 2011

Write to your HR to send a soft copy of your last drawn payslip and PF statement.

Wait for couple of days send another reminder, if you get anything in return then deal the issue based upon the reply... else attache these copies of communication and the non-action on the part of company in the Covering letter and request them(PF office) to issued a PF statement......

Tanmoy Banerjee (Freelancer) 24 January 2011

Can anyone please interpret the legal meaning of the attached file Term.pdf.

According to Head of HR, WIPRO BPO Kolkata (Ms Rituparna Ghosh) it means, an employee after being terminated because of being absent has to pay one months notice period money to M/s WIPRO. The Company will then issue a release letter after termination letter, already issued by their legal cell at Bangalore. Further, as per company's policy (according to her) WIPRO will not send necessary forms to the PF Commissioner unless this notice period amount is paid after an employee is terminated.

To the best of my elementary knowledge of English it means the company will not pay one months notice period money as compensation if an employee is terminated due to absenteeism. Please correct me if I am wrong so that I can take proper legal action against M/s WIPRO BPO Kolkata.

Attached File : 25 25 term.pdf downloaded: 260 times

Kumar Doab (FIN) 03 February 2011

You have sent your resignation by post,hope you have the acknowldgment.

You have sent it by email, and email is accepted by courts.

You were sick,hope you have the medical records.Hope you had applied for sick leave and you have the records .

You can not be termed absconding or absent if you have the above proofs.

PF:1.Since yopur employer is not willing to send you the PF withdrawl forms you can submit the same after these are signed by one of the competent authority e.g Bank Manager to your PF office by registred post under acknowledgment.Your employeris duty bonund to supply you,your PF accumulation reports and PF withdrawl forms.If at there is any recovery from emplyee,employer has to adopt legitimate ways.i.e to send a notice with details.

You have your PF number and you can find out your concerned PF office online.

You may log on to epg.gov.in and you can lodge complaint online, you shall receive acknowledgment and complaint number, and complete details with email,phone number,address of your SRO.The time to respond to you is within one month.

You shall find the address and email id of your SRO,. you may also forward a complaint to :

Shri Samirendra Chatterjee, IAS

> > Central P. F. Commissioner

> Bhavishya Nidhi Bhawan,
> > 14, Bhikaiji Cama Place,
> > New Delhi – 110 066.

> > 011

26172671

26189910

24678342

cpfc@epfindia.gov.in

email id : cpfc@epfindia.gov.in

who shall forward it to your SRO.

You may mention in your complaint to SRO and cpfc that despite requests and reminders your company has not supplied you PF withdrawl forms and PF accumulation reports.

Tanmoy Banerjee (Freelancer) 07 February 2011

Thanks a lot for all the info. I fully agree with you that mine was not a case of absconding. How ever if you read their Terms of service as per my appointment letter attached file 25_25_term.pdf

https://www.lawyersclubindia.com/forum/files_download.asp?msg_id=147880

It is clearly stated that I may be terminated if the Organisation feels so and in that case one months notice period pay will not be paid by M/s Wipro. I Have no objection to it as I accepted that term of service while joining.

The only thing that's bothering me is Ms Rituparna Ghosh's (Manager HR Kolkata) interpretation of WIPRO's HR policy which is not there in my appointment or termination letter nor does any labour law of the land states such Term of service.

According to her, an employee after being terminated will have to pay notice period money, after this he will be given a release letter after termination letter is already issued after this necessary PF forms will be sent to the PF office. Is this policy as per labour law of the land? she says it is ! can anyone please correct me as I am not aware of any such labour law in the case of a termination.

To me it just seems like she is trying to make a termination case look like a normal resignation case on paper. Another interesting fact is that I was told M/s Wipro does not accept resignation by E-Mail. I was really shocked to hear it ! Earlier their mail server did not send any read receipt so there is no proof that mail was delivered. Yes, its there in my sent mail. After I wrote to their admin at B'lore about it they have started sending read receipt of every mail. So I have read receipt of all the mail now.

After searching all the PF offices in Delhi I could locate my account. However with some sister concern of M/s WIPRO Ltd. i.e. M/s WIPRO SPECTRAMIND SERVICES LIMITED. I hope the PF office will not ask me about the discrepancy as my employment letter is in the name of M/s WIPRO Ltd.

As advised by you I have already made a detailed complaint at https://epfigms.gov.in/grievanceRegnFrm.aspx?csession=TCWDWBMSizy explaining how my PF withdrawl is being illegally stopped by my Ex. Employer.

I could get breakup of my contribution after I was called to their Kolkata office for a discussion and I told the lady that I need hard copy of my salary slip. It was given to me reluctantly.

Hope the Honorable PF commissioner will set that high headed lady right. As getting dues settled in that organisation even in normal course is a nightmare.

Kumar Doab (FIN) 07 February 2011

To make the things simple:

1.You have stated that you were not absconding.You may place the details on record and contest and prove that you were not bsconding.For the company it shall not be easy to prove the employee was absconding.

2.The company must have cited the reason for termination of service in the termination letter.

3.As per terms of service posted by you , if absconding service can be terminated and notice pay shall not be paid.

4.If company has terminated your service (for reason???) and then if company has demanded/deducted notice pay and if the deduction of notice pay in case of termination ,is not written in your contract of appointment/terms of service ,company can not demand it or mention it in your F&F.

If you are sure lady HR Manager is twisting the facts,or coercing you to accept malpractice, verbally or in writing,or resorting to any illegal practice, or practicing against labour laws, you have enough reason to protest in writing to good office of MD/Chairman/Company secretary and/or lodge complaint with Labour Commissioner.This may settle your greivance.

Whatever is the interpretation yu may put everything in writing, and supply the minutes of discussion, and contest and protest the wrongdoings.

5.You can show the records to your service lawyer and your lawyer may send the notice and help you to draft your communications.

6. You can protest that despite your repsentations in writing,on phone, in person company has not supplied you PF withdrawl forms and has been armtwisting to accept their illegal demands to obtain PF forms.

7.You may obtain PF forms from office of PF commissioner and get them signed by one of the designated authorities and submit to PF commissioner and they shall do the needful.

While you lodge your greivance EPF website and CFC shall ask you when and where forms were deposited.

Companies deposit PF thru trusts so ift may be M/s WIPRO SPECTRAMIND SERVICES LIMITED for M/s WIPRO Ltd.

8.If you were called to Kolkota office you may immediately send a written representation to the :-

-person who ordered you to be at Kolkota office( and mention as per your orders you attended meeting with......at Kolkota office located at.........) and you signed your entry at serial number......at time ..........

You may use your resources and obtain copy of your entry on the page

-person who received your repsentation

-Lady HR Head -

-your appointing authority

-MD and CS and Chairman

and send the minutes and mention everything including reluctance in providing you salary slip.

It shall be appropriate if you clear everything and obtain a suitable letter from company so that you do not face a negetive rference check in future .

You seem to have a good case.You may better lodge complaint in writing with concilliation officerof office of Labour commissioner. Thus you may get your rights and may not face foul play.

Tanmoy Banerjee (Freelancer) 09 February 2011

Thanks a lot for your advice. I'm trying to locate a good civil lawyer in Kolkata who can do the needful for a reasonable legal fees. As far as clearing my record is concerned, its not really important as I'm working on my own and plan to do so in future. If anyone in this forum knows a good civil lawyer then please let me know. I am ready to give my entire PF and full and final dues as legal fees to the lawyer who can teach such so called MNCs a lesson. My claim can be verified by anyone if he checks with the PF office the number of unclaimed PF accounts in the name of M/s WIPRO SPECTRAMIND SERVICES LIMITED (DL / 23719). As it is the standard practice of the Company to declare an employee absconding (DTS) and terminate him. Most of the employees just forget the full and final settlement.

Kumar Doab (FIN) 09 February 2011

You have now your own business.

Wish you all the very best in your ventures and endeavours.

May be this is a blessing in disguise.

Enquire from local courts and your family,well wishers, colleagues,business class, and you will come to know about expert service lawyers/law firm who have a reputation.

You may come to know this from forum also.

One dirty fish spoils the pond. Willfully,or under the compulsions of job,or under instructions if any emloyee has been engaged in wrongdoings to spoil the careers and earnings, employability of a professional he/ she should be taught a lesson. After toiling for years , inoccuring huge expenses child gains educations and becomes reay to earn for self and family and has to take care of parents. And one fine day a jeleous employee/company crushes his dignity/pride/future prospects.

One should not swallow insult and excesses. One is sufficient to teach lesson and once taken to task the agressor shall be restarined.

One and only one of his kind reverred SWAMI VIWEKNANDA was able to nurture a movement and like torrent it was all over the world.

Our ancestors made lot of sacrifices to set us free and let us live in a nation " WHERE THE HEAD IS HELD HIGH"

Do not throw away your rights.

From what you have learnt and gained move other employees also to collect their rightful dues from the defaulting company.

Tanmoy Banerjee (Freelancer) 10 February 2011

Thank you for your advice and moral support. I am trying to get in touch with as many ex employee as possible so that we can take up the case together.