provident fund
advocate satya
(Querist) 09 September 2008
This query is : Resolved
sir
a company situated at gurgaon did not allot pf no. to their employee in there salary slip, however deduction is shown in the salary slip, can the case at state commision be filed at delhi as going to gurgaon consumer court is difficult and far from delhi, as the employee resides at delhi
H. S. Thukral
(Expert) 09 September 2008
PF account no. is not alotted/ mentioned on the salary slip. Kindly find out whether the employer is depositing the contribution with Provident Fund Commissioner or its own Trust. The account no shall be alottedby the Provident Fund Commissioner or the Private Trust. Usually at the end of a financial year a statement as to opening balance/ employee contribution/employer contribution/interest on opening balance/ closing balance with account number is provided to the employees by the office of Provident Fund Commissioner.
In my opinion no complaint by an employee under the consumer law is maintainble against its employer. Contribution deducted create a trust with the employer and in case he deliberately defaults in depositing the contributions, he will commit a breach of trust and can be prosecuted under section 406 IPC.
ARVIND JAIN
(Expert) 19 September 2008
YOU CAN FILE YOUR COMLAINT WITH PF COMMISSIONER.
