Legal appraoch requirement for provident fund

Website: www.epfindia.gov.in

PF Officials: APFC, RPFC, Addl.CPFC in the state, CPFC………

Contact Details at:

https://www.epfindia.gov.in/epfo_directory.html

Citizen Charter at:

https://www.epfindia.gov.in/sites/pdf/CitizenCharter.pdf

RIGHTS OF EMPLOYEES/MEMBERS

 RIGHT TO MEMBERSHIP OF PF, PENSION AND EDLI SCHEMES FOR

EVERY EMPLOYEE OF COVERED ESTABLISHMENT SUBJECT TO

SCHEME PROVISIONS.

if individual account No has not been opened then the firm is defaulter and concerned officials liable fro criminal action.

you have not stated if the firm is having permission to form own trust.

Thanks for your valuable time sir,

Further to your query, I would like to add the following:

The stated firm " Lloyd's Register Asia" is pretty old and well established organisation in the marine industry. When this issue was questioned with the concerned depatment, the officials explains the situation as follows:

"Since registered in India, the organisation was having a PF account in the name of the company, wherein the PF amount for all the employees were deposited as a lump-sum amount every year. Since 2009, when the new EPFO rule for creating individual PF account for the every employee came in to force, the organisation, as intimated, had some issue with the change in the REGISTERED NAME as earlier. Persisting this issue as intimated, the concerned officials claims they are not able to create individual account in the name of every employee and they continue to deposit the PF amount as a lump-sum every month to the old account. "

Duly concerned with the act of the organisation, I have cross now verified in the provident fund website for the account balance. Wherein I had found out that my name appears in the list of employees but I was not able to make out any individual account or a statement of balance amount. ( attached are concerned pages of PF website and highlighted )

Due to the same reason as intimated, NO ANNUAL STATEMENT for PF deduction was issued to any of the employee since 2009 by the organisation.

Organisation being multi-national, I have no idea how to go about the situation for claiming my PF amount. This month end being my last working day I do fear, if I go for any leagal approaches they might act in unfavorable in my career certificates.

Kindly request you to advise on the situation..

Regards

Girish 

Mr. Sudhir Kumar has exceptional knowledge on PF matters and has been helping the querists. Valuable advice of Mr. Sudhir Kumar is sought.

You have posted that:

-----“officials explains the situation as follows’

Is this explanation in writing? Obtain in writing.

------“the organisation was having a PF account in the name of the company, wherein the PF amount for all the employees were deposited as a lump-sum amount every year.”

“they continue to deposit the PF amount as a lump-sum every month to the old account. "’

The amounts are deposited with EPFO and are in custody of EPFO.

------“Due to the same reason as intimated, NO ANNUAL STATEMENT for PF deduction was issued to any of the employee since 2009 by the organisation.’

“I had found out that my name appears in the list of employees “

The company might have been submitting total amount month wise with list of employees attached with the payment (Form 3A), employee wise annual deposit report (Form 6A).

{Has the EPFO issued Form 23, 24? You may obtain 3A, 6A, 23, 24 thru RTI.}

The company has supplied the list of employees, including your name,  to EPFO and thus EPFO does have the record of employees whose employee’s + employer’s contribution has been received.

Do you have copy of pay slips showing deduction of PF from wages?

------“Organisation being multi-national, I have no idea how to go about the situation for claiming my PF amount.”

The company has an a/c in India as it is registered in India and you have to approach the PF officials whose designations are already mentioned.

You may meet RPFC in person.

-------‘the organisation, as intimated, had some issue with the change in the REGISTERED NAME as earlier.’

The company must have represented for the matter and must be having full record.

It does have full record of contributions deposited by it, with, EPFO.

-------“I have no idea how to go about the situation for claiming my PF amount. ‘

You may submit the PF forms for withdrawal to company under proper acknowledgment for attestation and demand acknowledgment issued by PF office, by redg. post.

You may ask the person who has been offering explanations to you and the designated person of the company who handles PF and visit RPFC with you along with entire record of the your

PF contributions deposited with EPFO, and ask RPFC to resolve the matter.

As EPFO has full record it may pay the amounts to you.

I can understand that organistion is bluffing.

the rule of individual accoutn is as old as 1952.

You have to make RTI askingh for the copies of remittance challans of the companmy, extract of F/9 (nominal roll maintained by EPFO) showign your entry, F/6a and F/3A submited by company in respect of you, F/24 in repect of lateres tyears showing your balance.

copies of notices if any issued under Sectgion 7A and final order thereof.

Follow the advice of Mr. Sudhir Kumar.

Shift from saying and telling mode to written mode with employer and EPFO.

While you submit RTI application, mention that postage prepaid, self addressed envelope with postage stamps of Rs………….affixed on it is enclosed for sending the reply and documents to you by redg. post hence PIO should communicate by redg. post only, and obtain acknowledgment.

Similarly demand reply and documents from employer in writing thru redg. post only. Avoid speed post/courier.