Criminal offence done by employer during PF inq.
SIDDHARTH
(Querist) 03 October 2013
This query is : Resolved
Dear Sirs,
My Self Siddharth Thakor from ahmedabad. I have filled a review application under section 7B of EPF & MP Act 1952 against my past employer. During the proceedings of the inquiry there are numbers of criminal offences done by the employer which I am going to share with you.
(1) The employer has filed a false Affidavit of the director of the company regarding that they have no any documents to produced in the7B Inquiry proceedings as the all the documents were are destroyed in a cyclone in the year 2005., but after this they have produced all the documents i.e. salary register, attendance register, balance sheet etc.. for the year 2001 to 2007 by saying that they have found all the documents. So, this is the first criminal offence made by them regarding making fake affidavit.
(2) They have produced part pages of balance sheet (related to salary only) for the period 2001 to 2007 as they have to provide complete balance sheet in the inquiry. Out of them for the year 2005, 2006 & 2007 balance sheet are made fabricated by them. i.e. they have changes the figures of the salary & wages & produced the only such pages related to salary & wages. I have proved in the inquiry that the provided balance sheet are fabricated this is the second criminal offence by them.
(3) They have made my duplicate signatures in the salary register for the year 2006, which I have proved in the proceedings. This is his third Criminal offence in the inquiry.
(4) They have submitted a Certificated of Insurance company for making a claim against the cyclone damage, by this they are going to prove that they have no any documents & all are destroyed in the cyclone. But in the certificate of the insurance company there no any clarification regarding damage or destroyed of the documents in the cyclone & also after this they have provided all the documents for the period 2001 to 2007 in the proceedings. They have misguide the insurance company as well as the PF authority to misuse of the Certificate this their fourth Criminal offence done in the proceedings.
(5) They have made my fake or forge Form 16 signed by the director of the company. But the figures of the Salary in the Form 16 is not match with the Salary register for the year 2006 this is their fifth Criminal offence done in the proceedings.
I have made a complain to the APFC as well as RPFC- II regarding this criminal offences done by the employer in the proceedings & request them to lodge a Police Complain against them. There are 3 months were passes of my complain but no action has been taken by the PF authority. They are saying that they have no powers for this. As the all the above criminal offences are done as per Sec.i.e. 196, 405, 406, 420, 467, 468m 469, 471, 120 B, 114 of IPC.
I am requesting you kindly help me in the matter. I want to know that the APFC & the RPFC-II has powers for this or not. What can I do now for that.
Regards,
Siddhath Thakor
+91 98 98 89 3884 / 940 88 44 8 33.
Nadeem Qureshi
(Expert) 04 October 2013
contact a lawyer personally with all the documents
Sudhir Kumar, Advocate
(Expert) 04 October 2013
I generally like to agree with Mr Qureshi but unfortunately I have slight disgreement here.
You have already complained to the PF authorities. Even if there is no evidence of forgary still they have got a jurisdiction and duty to see fallacity of submissions in proceedings.
You feel that they are not exercising their power against the employer.
In this case you better submit a complaint to the CVC giving copy of the same to the CVO of EPFO alleging connivance if you have any material to prove connivance.
SIDDHARTH
(Querist) 04 October 2013
Dear sir,
Thanx for u r reply. Actully the matter is conduct by advocate. The complain is made by advocate on behalf of me. At the time of my advocate is saying that the APFC & RPFC-II have the powers to lodge a complain against it. But now he is refusing that they have no powers for it. I dont know why he is saying like this. So, request u pl. Advice in the matter. Also Shri Sudhir sir, who is Cvc & Cvo in PF. Where i can reach with them.
Awaited for u r valued reply.
Regards.
Siddharth
Rajendra K Goyal
(Expert) 04 October 2013
Contact a local lawyer, consult him after showing all the documents.
Sudhir Kumar, Advocate
(Expert) 04 October 2013
Shri Sanjay Kumar,IRS
मुख्य सतर्कता अधिकारी
C.V.O
Vigilance Headquarters
Employees Provident Fund Organisation,
6th Floor, NBCC Bhikaiji Cama Place,
New Delhi - 110 066
ई-मेल : E-mail: cvo@epfindia.gov.in
Sudhir Kumar, Advocate
(Expert) 04 October 2013
CENTRAL VIGILANCE COMMISSION
Satarkata Bhavan , A-Block
GPO Complex , INA
New Delhi - 110 023
EPABX :- 011- 24600200 (30 Lines)
FAX : 011- 24651010/24651186
Email : cenvigil@nic.in
Sudhir Kumar, Advocate
(Expert) 04 October 2013
CVO is supported to look after cases of misuse of power in EPFO
CVC is supposed to offer superintendence to all CVOs of all Govt organisations.
SIDDHARTH
(Querist) 04 October 2013
Thanx lot all of you.
