K. Vadivel Murugan
(Querist) 09 May 2015
This query is : Resolved
Sir, I resigned my job from the company in Jan 2012.Though i tried several times with the company for the withdrawal of PF, no response from the company till date. I checked my PF balance online and balance amount intimation i got on my mobile recently. Can you pls suggest the ways to get my PF directly from PF authorities. Is there any possibility for the company to take my PF amount? Kindly advise me to proceed further. If required i will furnish all details. Thanks n regards, K Vadivel Murugan
Guest
(Expert) 09 May 2015
Send the application on the prescribed form direct to the EPFO after getting your signature verified by your banker.
Rajendra K Goyal
(Expert) 09 May 2015
Agree with the expert PS Dhingra ji.
Kumar Doab
(Expert) 09 May 2015
1. The funds in your PF a/c maintained with EPFO are not in control of the company.
2. You should have the evidence/acknowledgment of having submitted the PF forms.
3. The company is under legal obligation to attest the PF forms.
4. The company /its owners on their own and thru designated person/can not decline to attest the PF forms.
Such direct/indirect declinature may prove to be cognizable offence....
5. The designated person in the company has to attest the PF forms and submit to concerned PF office within 5 days......and supply the acknowledgment issued by PF office (for you) to you.....by effective mode of communication......e.g. Redg. Post.
6. Instead of wasting your hard earned monies on sending repeated/written/telephonic reminders you should have submitted PF forms under proper acknowledgment preferably under Redg. Post and should have obtained POD from PO.
7. YOu should have sent written reminder(s) to good offices of appointing authority,MD,Head-HR.............under proper acknowledgment.
8. While you send the PF forms attested by duly designated authority by EPFO e.g. BM of the bank where you hold an a/c.........you may need to affirm why you have not send to company.In such case the letter explaining submission of PF forms, POD,reminders shall be helpful.
9. Otherwise also it shall be unwarranted to leave such unscrupulous employers unpunished.Such personnel are not fit to be left to loose around in a civilized society.
10. YOU can submit the PF forms and complaint thru RPFC in nearest PF office under proper acknowledgment and request to depute the PF inspector to punish the company on the spot.
11. You can pursue thru RTI/media/employee's-trade unions and it shall godspeed to the matter.
12. You can even move consumer court later after following above steps and claim compensation.....
It shall be better to transfer the PF and keep the a/c regular for atleast 10Y and be benefited from various advantages of PF.
Even if you transfer the PF you can still sue the company and even EPFO for any deficiency........
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