Dual pf issue(pf overlapping issue)

Querist : Anonymous (Querist) 14 October 2024 This query is : Resolved
Dear LawyersClub team,

I have a pf overlapping issue for 5 months 10 days. This is in the year 2021. I have joined company A in 22Feb21 and they said it is development job but when I joined it was not a development job it was support job, so meanwhile I was giving interview to other company as well Company B offer me to join and I joined company B in 10Mar21 also to check whether this company is going to give me development work or not. But company B hadn't provided laptop for 40 days and I was continuing with company A. After 40 days company B sent laptop and found out that company B is giving development work so I resigned from company A and given notice of 2 months due to all this pf overlapped with 5 months and 10days. I left company B also after 1 month. Also I had talked with both the company to resolve it but both the company are not ready to resolve it. Now I am unable to attend any interview due to background check fail. Please suggest how can I resolve it. Please reply.

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T. Kalaiselvan, Advocate (Expert) 14 October 2024
You can resolve the problem by filing a suit for declaration to declare the overlapping period of service as null and void owing to the facts and circumstances.
You can consult a lawyer and proceed as suggested

P. Venu (Expert) 18 October 2024
Yes, the so-called 'overlapping' is a bogey created by the private employers to overawe the employees. The concept has no legal basis. The issue is unlikely to be settled unless there is judicial intervention.

Querist : Anonymous (Querist) 29 October 2024
Sir, thank you for the response.
Company A's PF office is in Pune and Company B's PF office is in Chennai and now I am working in Hyderabad location. How I can proceed (like any lawyer) and what time it will take to resolve this and what is chances that it can be removed from PF service history. Please respond.

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