Pf and super annuation withdrawal application
kennii
(Querist) 01 March 2012
This query is : Resolved
Please advise me for withdrawal process of my PF and SA from my previous company. What is the process formality and compliance required for withdrawal process. I have submitted withdrawal application for PF and SA in the format provided to me by my previous co. but the same have not been process by the company for 6 months time. Do I have any remedy to claim delay in process by my earlier company who are duty bound to process my application since I am no longer in employment at the moment at any company.
Arvind Singh Chauhan
(Expert) 01 March 2012
You can directly submit withdrawal application to concerned epf office with the approval of any gazetted or Post Master of Post office or any bank manger of nationalized bank.
Sankaranarayanan
(Expert) 01 March 2012
You are not mentined about your resigned date and accepted date of your employer. From the date of resignation you are granted to file the setllement of epf application only after 60 days and from that day minimum one month time for get your amount. If your employer is refuse to sign in setllement then follow mr aravind' advise
Sudhir Kumar, Advocate
(Expert) 01 March 2012
In case compnay refused /unduly delays to process PF withdrwal form the company is liable for prosecution. Contact latest PF Office.
kennii
(Querist) 01 March 2012
The resignation was accepted and company settlement amount was paid in November 2011 and only PF and SA settlement was kept pending. Company indicated the settlement will be processed in the next financial year, the reason being the paymout sum they want to be accounted in the next financial year. They will be paying interest for the holding period. However,if it is process after the next finacial year there will be a lot of delay in receiving the amount in my account. I felt it is not ethical on the part of the company holding the payment for the said reason. Is there any provision that the employer is liable to settle the PF and SA account within certain period after the application was made, and if they do not comply within that period what action can be initiated. Should I submit a copy of the application form given to my employer to the PF authority ? Will they entitle to take action against the employer to transfer the fund as the fund was trust fund managed by the trutees formed by the employer.
Thanks for your valuable advise.
Raj Kumar Makkad
(Expert) 01 March 2012
In the given circumstances, you should send a reminder with a copy to EPF commissioner to immediately release the EPF accumulations as per law failing which to file litigation.
If the company do not provide the desired relief within a short period of 15 days, directly make representation to the EPF commissioner and pray to initiate legal action against your previous employer. Rest action leave upon commissioner.
RK Agrawal
(Expert) 02 March 2012
You can directly fill the withdrawal form 19 of pf and misc act and submit filled form to concerned epf office with the approval of any gazetted or Post Master of Post office or any bank manger of nationalized bank.It is not necessary to take the signature of previous employer in form -19.
kennii
(Querist) 03 March 2012
Thanks. Once I file it in form 19 what process may be taken place and how much time it may take. Employer is not ready to release the fund in their trust fund for the next two months as intimated to me.
