Pf withdrawal by the company without the application for the same by a resigned employee
meghna
(Querist) 02 May 2012
This query is : Resolved
Hi
I have resigned from a bank 1.5 years back without fulfilling notice period or pay against it.Today I am getting message on my mobile that my PF settlement has been credited into my salary a/c and second entry in the a/c is of some other settlement debited from my a/c.I had not given any PF withdrawl application form.
My query to you is whether employee PF can be withdrawn by the employer without the consent of the employee?
Raj Kumar Makkad
(Expert) 02 May 2012
No. PF accumulations can be credited in the account of the employee only and employer cannot withdraw the same without the consent of the employee concerned.
meghna
(Querist) 03 May 2012
Dear Raj kumar Sir,
the PF a/c was of 'HDFC Bank Employee's provident fund Trust'..so is it so that if company is helding that trust so have the right to settle my notice pay amount against my PF amount lying with the PF trust?
1) How could HDFC Bank withdraw my PF amount without any application / request from my-side?
2) Do they have any right to settle notice pay against my PF amount?
Now what should I do? Please Suggest..
Guest
(Expert) 03 May 2012
Dear Meghna,
You will have to refer the Trust Rules of HDFC whether or not such rules allow the trust to settle your PF account by self withdrawal and credit of your PF money in to your account without your application. I think, you had not applied for payment of your PF money for a substantial period after your resignation.
However, the bank seems to have acted in a smart way by not deducting the notice pay directly from your PF money, rather they created a credit in to your salary account and debited the same to your salary account thereby making two different and distinct transactions.
meghna
(Querist) 03 May 2012
Dear Dhingra Sir,
What should I do to get back my money ?Please Suggest and advice. Should I go for complaint to PF office?
Guest
(Expert) 03 May 2012
You have not mentioned after what period of time after resignation did you get the pf money credited in your salary account?
meghna
(Querist) 03 May 2012
Dear Dhingra Sir,
After Maternity leave I had resigned on 02/09/2010 because i was not able to join due to health reason.
HDFC Bank has credited my PF amount to my salary account just Y'day only (i.e. 02 May' 2012) without any communication with me and i had never applied for he same.
After crediting my PF amount; immediately they have debited my account against notice pay settelment, again without informing me.
Request you for your suggestion / opinion.
Sudhir Kumar, Advocate
(Expert) 03 May 2012
Mr Dhingra has advised you to refer to the trust rules adn without reference to these rules no case can be considered by any lawyer.
Had it been the case of EPFO or of Govt GPS advise was readymade with almost all experts. You have to specify these rules.
meghna
(Querist) 04 May 2012
Dear Dhingra Sir and Sudhir Kumar,
Thank you very much for your respoce and feedback.
As discussed with Dhingra sir y'day.
I have read the rule no 24 for Payment of PF of HDFC Bank PF Trust. which state as below..
"(6) Any amount becoming due to a member as a result of:
(i) Supplementary contributions from the employer in respect of leave
wages/arrears of pay, instalment of arrears contribution received in respect
of a member whose claim has been settled on account but which could not
be remitted for want of latest address; or
(ii) Accumulation in respect of any member who has either ceased to be
employed or died, but no claim has been preferred within a period of
Three years from the date it becomes payable or if any amount remitted to
a person, is received back undelivered, and it is not claimed again within a
period of three years from the date it becomes payable, shall be transferred
to an account to be called the “Unclaimed Deposits Account”.
Provided that in case of a claim for the payment of the said balance, the amount shall be
paid by debiting the “Unclaimed Deposits Account”.
Now, Plz suggest what i should do now? and plz let me know if you require any further info from my side. Tahnking you
Guest
(Expert) 04 May 2012
As I already suggested you through phone, since the account could only be treated as closed after three years of inoperation, the action of the Trust members seems to be illegal in closing your account prematurely. You can serve them with notice, with a copy to the EPFO, for restoration of your PF account with due credit of the interest amount
meghna
(Querist) 04 May 2012
I appriciate your suggestion / advise and time given to my querries. Thank you.
I was with HDFC Bank in Vadodara. As per HDFC Bank record my PF no. is M188X which is belongs to HDFC Bank Employee Provident Fund Trust.
So Plz suggest me to which EPFO I should mark a copy of notice. Currently i am staying at Gandhinagar, Gujarat.
FYI, My pention A/c no. is : MH/46135/35970; which seems to be of Bandra (RO), Maharashtra
Guest
(Expert) 04 May 2012
EPFO under whose jurisdiction the office of the EPF Trust of the HDFC falls. Please don't expect total spoon feeding from experts. On the basis of guidelines, you will also have to make efforts to search for the rest of the things please.
