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prathmesh   20 January 2017

For taking legal action on manager and company for pf

I have worked for two years in one cash management company and then resign Date of joining -29-05-2014 and date of resigning-22-05-2016 ,i have not served my notice period after three month of resigning i got my Full and Final from company then i have fill all pf forms ex Form 19 and all and give necessary documents too. the manager has told that you will get your pf in 120 days but it has been 4 months go away till now i didn't get my pf and when i asked Our Company Hr they said that your manager has not sent me your pf documents so i want to take legal action on manager and company what should i do?

i want to take possible legal action on manager for passing wrong information like it takes 120 days for withdrawl pf and not passing my documents to hr and i have confirm this with epf office too so kindly give me the process of taking legal action and compensation against manager and comapny thanks



Learning

 13 Replies

Kumar Doab (FIN)     20 January 2017

Did you handover the PF documents to the Manager under proper acknowledgment?

Do you have evidence?

Does your manager agree having received the PF documents?

If yes submit complaint to HR, employer for internal action, which may/may not be taken.

If HR person and employer are willing then it can inquire with Manager.

If manager denies and you don't have any evidence then submit another set of Forms to designated HR person under proper acknowledgment by Redg. Post and ask him/her to send you written acknowledgment of having received the PF forms and acknowledgment issued by EPFO.

The HR should attest and submit to EPFO within say: 5days after receipt from you.

 

 

 

 

 

prathmesh   20 January 2017

Well First Thanks Kumar Doab for reply and i want to tell you that i can collect the evidence  i required for the case like i have one person along with me when i have submitted documents and one audio clip too for this and i don't want to give the document second time i just want to take as possible action for delayed in processing my documents and for compensation too and another thing with my necessory proof first what shall i do? giving notice to mannager regarding this?or collectiong the posting/courier/shipping number when he has send my documents ?and kindly tell me the best solution that will be in my favour with the first notice thanks....

Kumar Doab (FIN)     20 January 2017

If you have evidence that is irrefutable, then do ask Manager to suply the acknowledgment of having supplied the PF forms to designated HR person.

Isn't it possible that Manager may state that it was sent by ordinary post!

prathmesh   20 January 2017

well thanks again for reply i want to tell you that company has tied up with one courier for all official records so everything send to head office was sent by that courier only and if it was sent by another then manager has to send the scaned copy of that bill to get that money so in that case i will take that as eveidence but for delayed in processing documents and passing me wrong information like it will take 120 days for your pf , For this type of wrong info provided by manager i want to give him a notice so kindly guide me according to that and also include what shall i write in that notice that will surely in favour of me and kindly tell some employee or labour law section according to above terms too so that i can ask for compensation and fastly process for pf too thank you

Kumar Doab (FIN)     20 January 2017

Do you have any evidence of any communication asking you to submit the PF froms to Manager?

The manager is expected to promptly forward to designated HR person/office/official that is designated to sign/attest PF froms and submit to EPFO.

If manager has delayed the submission or has not submitted at all, then he has breached your trust and has not perfromed his duty.

Let employer charge him for lapse or misconduct if it agrees to treat it as misconduct or reprimand.

If you have evidence you may lodge complaint under proper acknowledgment.

You may also try by lodging complaint with EPFO for willfully destroying PF forms and attach evidence if you have.

 

 This is what has occurred from your post.

Sudhir Kumar, Advocate (Advocate)     21 January 2017

Non-submission of PF application to EPFO attracts criminal provisions.  submit complaint in writing to the RPFC.

 

Not serving notice period is irralevent in this case.

Kumar Doab (FIN)     21 January 2017

Agreed.

'Not serving notice period is irralevent in this case'

You have not served notice period and you have recieved FnF from company.

If you have evidence of submission of PF forms then Manager/HR should supply the acknowledgment of submission of attested forms issued by EPFO (for you), to you. 

 

 

prathmesh   25 January 2017

Thank you for valuable information, Now how can i lodge a complaint against manager for misconduct and all the delayed in pf? and can i ask for compensation too or not? and what fees an advocate charged for this and shall i individually lodge complaint without advocate?

Kumar Doab (FIN)     25 January 2017

If you have evidence of submission of PF forms then Manager/HR should supply the acknowledgment of submission of attested forms issued by EPFO (for you), to you.

 

Usually there is a register to maintain on which docs were received and sent in envelopes and by which docket number of courier.

Try and obtain written communication from HR or anyone that they have checked and found that you have submitted PF docs on dated ; to Mr/Ms……………..in office at………………..address and are received on dated…………….at HO by HR.

 

 

You can lodge complaint with employer (good offices of appointing authority, MD), RPFC in EPFO. You can lodge any (genuine) complaint on your own as PIP (Party in Person), thru employee’s/Trade Unions, your own counsel specializing in labor/service matters.

 

Unions can support you.

prathmesh   25 January 2017

Thank you for your quick reply you are really giving me useful advice for me but can i ask for compensation from company or manager for delayed in this? and how can i find PIP or employee's union in my city. thanks for your valuable opinion and time too.

prathmesh   02 February 2017

Respected Sir/madam

                                   i have asked my manager for my pf he said he has misplaced those documents so i want legally compensation for this so how much amount can i claim for compensation as misplaced my cheque ,account statement and epro form and id proof ? thank you

Sudhir Kumar, Advocate (Advocate)     02 February 2017

your PF is carrying the interest as long as not drawn.  So no compensation can be made.

 

You  hve already been advised in details.

Kumar Doab (FIN)     02 February 2017

Saying, telling, asking areall verbal mode of communication.

Extract a written reply.

 


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