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Gowtham (System Analyst)     09 December 2012

Provident fund issue

Hello Everybody

This is Gowtham. I am working in a reputed company as outsource employee. My parent company was in Kolkata. But i am working in Delhi, which is client place. My monthly gross salary is 40,000. But i am getting only 31,710/- inhand. As per my payslip,Basic was 20,000/-,  Special allowance 17280/-, Deductions would be PF as 2400/-, and Tax declaration Rs. 3170/-. Total would be upto 37,280/-. There is no clarification for remaining 2720/-.

They are deducting Rs. 2400/- as PF. They provided some pf number in my payslip. When i gone through with www.epfindia.gov.in for PF Balance Enquiry, It replies invalid pf number. That means they provided pf number was fake. Immediately i was escalated with my company regarding pf issue. He said that its official error, which is made by government. But i dont think so government epfindia is wrong..I enquired about same for my colleagues, immediately they were alse check their pf numbers. They are also getting same problem. Please suggest me what should i do.

Thanks inadvance



Learning

 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 December 2012

This is not a problem rather mischief on the part of the employer. It seems that your money has been grabbed by employer and only fake EPF no.s have been given to you. make a complaint to EFP commissioner in writing and demand strict action against the employer and you may also file a civil suit against the employer seeking enre payment with interest and cost.

1 Like

Gowtham (System Analyst)     09 December 2012

Thank you so much for your valuable reply sir..

and please can you tell me how to approach for complaint.

Kumar Doab (FIN)     09 December 2012

Learned Mr. Makkad has given valuable advice.

At the same website  

www.epfindia.gov.in

you can access EPFO directory and hence contact details of PRO,APFC,RPFC,PIO,CPIO of concerned PF office where your company is depositing PF.

At the same website you shall find option on how to get PF pass book of employees.

You can contact them and inquire about genuineness of your PF number.

You can peruse RTI route as well.

You may submit a request in writing under acknowledgment addressed to good offices of your appointing authority, MD, with a copy to Head-HR to supply you the account slip issued by PF office for onward supply to employees including you and rest. Employer is under obligation to supply it. Company should use effective mode e.g. redg/speed post, courier of repute. Some companies provide link to employee portly from which employees can download their PF account slip.

If you are doubtful and if good offices of company maintain a studied silence you can peruse RTI route to obtain copy of Form 3A, Form 6A, Form 23, Form 24 from PF office. While you peruse RTI route first you may inquire how the reply is sent as practice by ordinary post or by redg/speed post. If it ordinary post you may mention in your RTI application that postage prepaid self addressed envelope on which postage stamps of Rs…….are affixed is enclosed herewith.

It is felt that PRO/ APFC, RPFC in local PF office at your location can guide you and help you to check if PF number allotted to you is genuine and can also accept your RTI application and forward it. However you may check yourself by meeting them.

If company has misappropriated the PF of employees you can lodge a complaint under acknowledgment with APFC with a copy to RPFC/Addl. CPFC of the state/CPFC, and follow up thru RTI to move them.

Sudhir Kumar, Advocate (Advocate)     09 December 2012

Well advised by Mr Doab.

 

If you feel that PF has been evaded then do give formal and written complaint with specific request tht you may be permitted to join 7A proceedings.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 December 2012

I do agree with Doab.

Virendra Patil   27 January 2016

Hi, I am working in a reputed automation company in Pune. I have joined this company 1.5 years back. After joining this company I have applied to transfer my PF account from my old company (that is in Kandla, Gujarat -- PF office is in Rajkot). After 2 months I have received a letter from PF office Rajkot saying that the transfer of PF account is rejected. Reason behind this rejecting was “MEMBER NAMEs DIFFER”. As per their record the PF number which was entered by me is pertaining to some other employee in same company. I have verified the PF number and I found that I had entered the correct PF number only (which was given by my old company & also it was appearing on my each Pay slip). I have contacted the HR of my old company. He checked his record and found that the PF number which was given by them to me is of other employee in the same company. He told me that there is a mistake by there consultant in assigning PF number which were obtained by PF office- Rajkot to me and other employee. He told me that they will do the correction in assigning the PF number in PF office-Rajkot through there consultant. It will take 2-3 months. After this I have to again apply for transfer of PF account.

It is now more than 1 year, but the issue is not yet resolved. I am regularly following with them but they are saying that dalay is from PF office- Rajkot. 

Can you please let me know what kind of process normally needs to follow in such kind of issues? How much time normally requires resolving such kind of issues? Who is completely responsible for such kind of issue --- company, PF office or employees? If my old company is taking such kind of long time then is there any legal way to resolve this? 

Kumar Doab (FIN)     27 January 2016

Saying, telling,asking, are all verbal modes of transaction that are difficult to prove.

EPFO does not recongnise so called Consultants.

Thus you need to write to good offices of appointing authority,MD narrating all previous transactions with HR personnel and brief minutes of discussion.

 

You may attach the reply of EPFO and all salary slips showing PF deduction.

 

You may demand certified copies of all communications of HR (i.e. designated officer/authorised signatory) to EPFO alongwith its POD, PF a/c slips of each year, and reply of EPFO to employer on your matter.

 

Alternatively you can lodge complaint with RPFC by attaching copies of all salary slips.

 

You can also lodge complaint with police,DCDRF.

 

Record all calls of your employer and reduce the matter in writing.

 

If you are unable to handle on your own, entrust the matter to your able labor law consultant.

 

 


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