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Gaurav (-)     10 May 2013

Pf amount not deposited by previous employer

I left my previous job in Jan 2011 but till date company has not deposited full pf amount to PF office.

PF office is saying action has been taken against the company.

Company says we have deposited the full amount (but not giving me the proof for that).

Its been more than a year I am doing followup with company as well as PF office but all in vain.

I have written a mail to PF vigilance wing attaching all my salary slips but no reply.

What should I do next to get my money ?



Learning

 5 Replies

Rajendra K Goyal (Advocate)     10 May 2013

You can get the required information under RTI.

Gaurav (-)     10 May 2013

I got the details from PF office today regarding monthly deposits, it is obvious from that my previous company has not deposited amount for my last 2.5 months of working and now PF office is saying its their duty to get that amount or to take action against the company.

I got the required information.

What action can now be taken against the company? OR Should I seek some more information before any further action ?

Kumar Doab (FIN)     10 May 2013

 

www.epfindia.gov.in

Meet RPFC in person.

Escalate to RPFC, Addl.CPFC of the state, CPFC, in writing, under acknowledgment.

 

 

Central Regional Provident Fund Commissioner can recover arrears of any amount due from any employer under section 8 of the Act?: The Central Regional Provident Fund Commissioner can recover such arrears-

1.      by issuing a certificate to the Recovery Officer to recover the arrears from the employer by one or more of the modes mentioned in section 8-B;

2.      by requiring any person from whom any money is due to the employer to deduct the amount of arrears from such money and pay the same to him, i.e., the Central Regional Provident Fund Commissioner;

3.      by issuing a notice to any person from whom any money is due to the employer, requiring to pay the amount of arrears to him, i.e., the Central Regional Provident Fund Commissioner;

4.      by applying to the Court, in whose custody there is any money belonging to the employer, for payment of the amount of arrears from such money to him, i.e., the Central Regional Provident Fund Commissioner;

5.      by distraint and sale of the moveable property of the employer in the manner laid down in the Third Schedule to the Income Tax Act, 1961. {Subsection 8(B) to 8(G)}

Recovery Officer impose interest on the amount mentioned in the Recovery Certificate?: The position of a Recovery Officer in exactly that of an executing court. He can recover only the amount specified in the certificate. If the certificate does not include any interest, it is beyond the competence of the Recovery Officer to demand such amount.

 

Sudhir Kumar, Advocate (Advocate)     15 June 2013

complaint to RPFC for action under section 7A and request him to allow you to bepresent in the proceedings.

Gaurav (-)     17 June 2013

One thing new came out with after I got details of me PF amount deposited, during my last 2.5 months my previous company has shifted me to one of their sister company without any intimation to me and hence my PF account number changed and rest of the money is lying in another PF account !!!!

In my salary slips of last 2.5 months they didn't even bother to change my PF account number to new one.

It took them as well as me more then a year to find that !!!!


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