You have posted: “Her resignation was nicely accepted and he has a mail for the same as well “ and “However, u have a recovery amount outstanding.”
The point of view in HR may be employer’s contribution can be subjected to recovery.
Has the company charged the employee for fraud or recovery and has it supplied any ,memo/ show cause notice/legal notice etc.? Probably not.
Can the amount standing to the credit of any member in the Fund be assigned, charged or attached?: The amount standing to the credit of a member in the Fund cannot be assigned, charged or attached under any decree or order of any Court. Similarly, the amount standing to the credit of a member in the Fund at the time of his death is free from any debt or other liability incurred by the member before his death and cannot be attached under any decree or order of any Court. {Section 10}
Did the employee submit PF withdrawal forms to employer and if yes you have the acknowledgment/POD? Did you succeed in getting the acknowledgment from employer that your PF withdrawal forms have been received by them?
The employer has no right to withhold your PF. It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organization to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. You may visit the PF office and fill up the withdrawal forms (19 and 10C), and enter fill establishment Code and your PF Account no. In your case just forward your claim form to the concerned RPFC with a letter stating employer has refused to sign the forms. Mark a copy to copy of the letter may be marked to Central Provident Fund Commissioner requesting him to issue instructions to the concerned to process the forms without any interruption, and then the PF officials will send their PF Enforcement Officers to such establishment and then they takes some penalty and sign from your employer and then you will get settled your PF claim. PF will be remitted straight away in your account. You may obtain signature& seal of Astt. Commissioner of Labor or Govt Labor Officer or Gazetted officer (in place of employer, signature of gazetted officer is required in case of a closed establishment) ,Manager of a bank, Member of the Central Board of Trustees./ committee/ Regional Committee (Employees’ Provident Fund Organization), Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public. and submit the same to RPFC, with a letter as mentioned above. Did you send the forms to employer? If yes do you have the POD? Do you have any record (audio/visual/email/letter etc) confirming employer has denied signing the forms. If yes your case is even stronger. Employee should always record such situations.
If the company is not issuing the experience/service certificate, employee may lodge a complaint with O/o Labor Commissioner.
