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Muddassir (Director)     31 May 2013

False complain to pf authority against company

Hello,

Someone registered a false complaint to PF authorities against our company. The complaining person said in complain that company is deducting PF from his salary and not depositing to the PF Office since last 3 years.

On this false complain Enforcement Officers visited our office and ordered us to submit cash book, ledger, account book, balance sheet, muster rolls, wages  / salary sheets, proof of business setup date, licences, light bills and many more things of last three years in a week.

But in reality we never employeed such employee and our company does not have 20 or more employees. We never deduct any PF of any employee. 

Please guide us what can we do? is it legal asking these details by enforcement officers over a false complain without checking the authenticity of that person? how can we provide such huge data in a week on a false complain?

Thanks

Muddassir



Learning

 8 Replies

sachin agarwal (lawyer)     31 May 2013

hello mudassir You just try to understand the status of that complaint which was file by someone who is not and was not your employeeat the time of relevant period which was mentioned in that complaint.  Further you go to the regional Provident fund commission office and search your records and try to find out the relevancyof that complaint.  If you are assured in respect of the employment of that person who is making your father complaint against your establishment you inform to the reason at Provident fund commissioner regarding the false complaint.  again you makea Criminal complaint against that person before the concern station house officer and register a case of criminal conspiracy against you and your establishment.  You also file an application To take some time before the concerned reasonal prudent fundcommission who is looking afteryour case for filing the reply and records. Me God bless you.  If any help call me on 9210625938

Muddassir (Director)     07 June 2013

Thanks for the reply sir. This is my email ID . muddassir@psinewsindia.com

Sudhir Kumar, Advocate (Advocate)     08 June 2013

You asked

 

Please guide us what can we do?

 

comply with the lawful directions passed u/s 13 of PF&MP Act 1952. Prove that you did not have less tahn 20 if you really do not have.

 

is it legal asking these details by enforcement officers over a false complain without checking the authenticity of that person?

 

Yes. Hehas no choice.  many EOs have faced disciplinary action for failure to check proper records

 

how can we provide such huge data in a week on a false complain?

 

by going to a pohotocopy shop and getting them copiesin a day.

 

you said younever employed more than20 persons but have you counted out sourced, dailywagers and part time workers

Muddassir (Director)     08 June 2013

yes counted all workes including directors. not exceeding 20.

Sudhir Kumar, Advocate (Advocate)     08 June 2013

the n prove so by showin records

Muddassir (Director)     08 June 2013

For example if someone make a false complain about some very big company like tata and reliance that i worked there and they are not depositing my pf.

Will two guys of pf office will go there and ordered them to give cashbook, ledger, vouchers, balance sheet, PL, mustor rolls, proof regarding setup, memorandum of association, articles of association, copies of licences and registrations, salaries wages sheet. (all of three years) ? And will they give it to them? Without asking the identity of the person who made the complaint? 

If someone go to do a police complain first police ask the identity of  that person. they do not register a complain with a fake name.

Even when you go in the court to, first court will ask your identity then it will start the case. 

Sudhir Kumar, Advocate (Advocate)     08 June 2013

send PM to me if you hve to suppose that much

Muddassir (Director)     09 June 2013

Did you delete your old reply?


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