Pf name incorrect against account number

You have posted that:

"When i raise RTI & greivance with EPFO they blame my company and mention that company needs to submit documents and proofs for the name change.

Case moved a little further after my company submitted the required documents but now"

This explains everything.

Apparently the designated HR personnel did nothing earlier.

Hope you have copies of PF forms ( also forms for Gratuity,ESIC etc) submitted by you or obtain copies fro HR or EPFO even if thru RTI.

You may narrate everything (mention dates/names/brief minutes) in writing under proper acknowledgment to good offices of appointing authority,MD and build irrefutable written record.

Your counsels may opine that later you can file suit for damages,consumer complaint.

Thanks for the reply...I do not have any forms right now.PF/Gratuity etc as am still employed with them and haven't put my papers yet.. What I have is all the email communication  that has been flowing since I raised this issue last year. PF slips from about 7-8 years back where an idiot had manually striked that lady's name with pen and written mine showing that this issue exists since back then. I have all the RTI & grievance reports in my email which point finger towards my company.. Haven't spoken to a lawyer yet.

1.) Should I consult a lawyer in person at this stage?

2.) Any other documents I should try to extract from my company or any other which will strenghten my case?

The overwriting with pen is illegal.

No employee has to put his papers for getting a copy from employer or EPFO, ESIC, DLC-Gratuity etc.

Obtain these from employer and EPFO and others, with proper seal and signature.

Download and forward all emails as later you may not get a single copy.

TRANSACT PREFERABLY FROM PERSONAL EMAIL ID.

The issue is existing since 7-8 years, and EPFO has pointed fault of company.

 Escalate to good offices of appointing authority,MD, RPFC, Addl.CPFC,CPFC, under proper acknowledgment.

You can consult an able counsel specializing in labor-service matters at any point of time.

you said

"The pf account number in which money is being credited from my salary bears the name of an entirely different person. It is not a typo where my name is misspelt but a totally different person, a lady who apparently had worked for a short tenure in my organization. This goofup happened at least 7-8 years back if not more and I am working for this company for almost 11 years now and am still employed with them as of today."

A fraud stands committed.  As long as the dues are deducted but not deposited in your name then you should not be confused as to whether in which name these are deposited.

The authroised signatory (authoriesed ny tyhe company to sign the EPF papers) is liable for criminal procedings. 

It is a case of fraud and breach of trust which are non-bailable offences.

It is also criminal offence under EPF Act 1952.

+ It is a case of evasion as well.  You can complain in writing to the RPFC for action against employer under section 7A of the EPF Act and request for your precense in the proceedings. APFC can order them to deposit your dues with interest regarless of other deposits.

Everyone will sit cool on his desk unless the desk becomes hot.

"When I leave this company, if my pf withdrawal/transfer gets halted due to this goofup or if the other person whose name this pf account currently reflects, if that person manages to withdraw money from this account, can I file a lawsuit against my company and what are my chances of getting a positive outcome in the form of getting a compensation from my company which is more than the current value of my pf amount?"

You keep on serving this company till retirement without resolving this issue and you do not get even a single penny  in PF or pension. You die without solving this and your family will spend a forture in litigation and get nothing.

Civil suit.  Yes if you want to slumber for years you do file this.  later you will be told that jurisdiction of civil courts is barred and you have been provided quasi-judicial remedy u/s 7A of the PF Act.

The money belongs to the person in whose name deposited and you can do nothing if he/she withdraws the same

Does not matter how you are misuguided but be enlightened there is no provision for the employer to change the name of the beneficiary once the dues are deposited and 3a/6a returns are filed.  Had there been so most employers would have changed the names of the employer with their family membrs and usurped the PF.

You have posted that:

>>> "I do not have any forms right now."

It is your fault.

All employees should ask the employer to acknowledge reciept.

>>> " since I raised this issue last year"

All employees should ask the employer to supply the PF slips issued by EPFO and handed over to employer, for employees.

>>> "about 7-8 years back ................this issue exists since back then".

It is your fault.

Don't remain entangled with HR. Escalate to appointing authority,MD,Chairman and make them a party.

Escalate to RPFC, Addl.CPFC,CPFC, under proper acknowledgment and ask them why they have not initiated action till date to file cases against employer.

Create noise.

Inform employee's/trade unions.

I fully agree with Kumar Doab.  No point remaining busy with HR. 

Thery are not fools who will help you to prove their fraud.

Each one working as HR ought to know that PF office has no powers to change the name of the beneficiary.  They know that compnay shall have to deposit twice.  The money deposited earlier is only a charity.

So why should they not keep you in doldrums till you retire and left with no energy to fight back.

Your contention should be PF has been deducted but not deposited.

Demand PF a/c slips of each year and salary slips of all months of employment.

Don't concur with contentions of HR, even employer and EPFO.

If you are unable to resolve entrust to your able counsel.

I have all my salary slips till date..Each of them mention my name, employer,  a UAN number the PF account number against which the funds from my salary are getting deposited to. Its the same PF number which bears another person's name.  

Hope you have copies of PF forms ( also forms for Gratuity,ESIC etc) submitted by you or obtain copies fro HR or EPFO even if thru RTI.

------When raising RTI i just gave my employer details , my details which included the pf number.As far as these gratuity , ESIC , pf forms are concerned am still not clear from whom/where I need to obtain and what should I ask for? Any particular name/number of the forms I need to ask for?

Don't remain entangled with HR. Escalate to appointing authority,MD,Chairman and make them a party

----Have escalated to my CIO and HR head of south asia. Copying them in all my emails w.r.t to this matter

Escalate to RPFC, Addl.CPFC,CPFC, under proper acknowledgment and ask them why they have not initiated action till date to file cases against employer.Create noise.  Inform employee's/trade unions    

You can complain in writing to the RPFC for action against employer under section 7A of the EPF Act and request for your precense in the proceedings. APFC can order them to deposit your dues with interest regarless of other deposits.

---Will search the internet for how to go about doing the above? Any tips would be very helpful.

 Obtain all forms from HR.

PF;Form 2: at the time of joining, nomination & Declaration form

Form 3A: Register

Form 12 A,  employees list of contribution

Form 5 new joiners list

GO thru: CITIZEN’S CHARTER

https://www.epfindia.com/site_docs/PDFs/MiscPDFs/CitizenCharter.pdf

ESIC: FORM-6

https://www.esic.nic.in/downloadable_forms.php

Speak to PRO in PF office, ESIC Inspector, ALC-Central 

"Each of them mention my name, employer,  a UAN number the PF account number against which the funds from my salary are getting deposited to. Its the same PF number which bears another person's name.  "

what else do you think is a fraud

"Have escalated to my CIO and HR head of south asia. Copying them in all my emails w.r.t to this matter"

Keep yourself busy in futile correspodence within company and ensure that you get nothing.