Is it legal to withhold pf?

What were the terms and conditions of her appointment?? When did her probition period end?? During the last six months, was the PF deducted from her salary and not credited to her PF Account. Please give more details..

If PF was dedeucted but was not deposited then it is fraud.

If her wages are above wage celing for PF then employer can still provide PF by its sweet will. Once provided she will copntibue to remain a member despite wage celing.

Had she not withdrawn PF she would have succeeded to remain a member by tranferring the PF.

Probation period has nothing to do with PF.

If PF was dedeucted but was not deposited then it is not a fraud rather case of BOT u/s 406/409 of IPC (non-bailable)

You need to check:

If the PF was deducted but was not deposited?

If the wages were above PF wages/wage celing for PF?

Mr. Subhankar,

Your question is irrelvant without stating whether your wife filled up prescribed application or not in her company, when she got her previous account closed by withdrewing the PF balances from that account. So, was it prudent on the part of the company to remit the amount to the EPFO without making a mention of account No of your wife and become the cause of complaint later for missing credits in her account?

So,there was nothing wrong or illegal on the part of the new company if she preferred to close her account by ithdrawal of balances, instead of transfer of her account to the new company. She must fill in and submit a fresh account opening form to the company to enable the company to remit the accummulated credits to the EPFO to appear in her new account after allocation of new account No.

While changing jobs and joining a new employer, an employee has an option to close the old PF account and open a fresh one. But it is wiser to transfer the old PF account funds to the new one. Earlier, the transfer involved some paperwork, like submitting the transfer form from an old employer to the new one, but with launch of an online self-service portal by EPFO this has become easier and hassle-free.

At the time of joining the employer has to provide the requisite forms to employee.

If employee has declared that He has no existing PF a/c then employer can submit for new PF number.

Has the employer placed PF froms ( for membership/nomination etc) before employee?

If PF has been deducted thn its hould have been deducted.

Does employee have salary slips and evidence of deduction of PF?

Any appointment and any breach of bond is a matter of Indian Contract Act. It is the power of a civil court to award damages in this respect.

The Provident Fund is a matter covered under Employee's Provident Fund and Misc Provision Act. It expressly state that no contract can abrogate the provisions f the act. So no body in any case can take away the right to a provident fund.

Indian contract act is to be read subsidiary to EPF Act and it cannot transgarce. So if you have a UAN Number or Uniiversal Account Number. You can directly apply for Claim. See this for process https://www.shramsamadhan.com/p/universal-account-number-uan-employee.html

Originally posted by : Akash Kapoor
	Any appointment and any breach of bond is a matter of Indian Contract Act. It is the power of a civil court to award damages in this respect. The Provident Fund is a matter covered under Employee's Provident Fund and Misc Provision Act. It expressly state that no contract can abrogate the provisions f the act. So no body in any case can take away the right to a provident fund. Indian contract act is to be read subsidiary to EPF Act and it cannot transgarce. So if you have a UAN Number or Uniiversal Account Number. You can directly apply for Claim. See this for process https://www.shramsamadhan.com/p/universal-account-number-uan-employee.html

First of all the queriest has not clarified whether the establishment is covered by EPF Act without this a clear view cannot be formed.

Secondly, the PF cover is not a contractual obligation rather a statutory obligation so Contract Act has nothing to do.

If covereed under EPF Act 1952 then civil court has no jurisdiction.

If employer has deducted employee's PF contribution then it is employer's duty to deposit with employer's PF contribution.

The deduction might be deemed as employer's consent to provide PF coverage.

The querist has not responded after posting the query.

Author is throughout abstaining from intimating if organisation is covered under EPF Act 1952?

The author may respond.