Ashish Jain (Senior Consultant) 26 February 2012

Legal provisions in a delay for pf withdrawal

Hi All,

I require help regarding a delay in PF withdrawal and I am caught up between company and PF office. I left the company Mastiff Tech Pvt Ltd in June 2008 and a year after leaving, company was acquired by a bigger company Tricom India Ltd.

Now I applied for PF withdrawal and after much hassle, Tricom provided me with PF deposit receipt. It was deposited at Vashi, Navi Mumbai on 2nd June 2011.

I waited few months and then lodged online greivance in EPFIGMS at EPF website, which was closed after 30-40 days and I received a mail on 29th Nov 2011 that the "Pending claim is being processed and an SMS will be sent once final settlement is done."

In November 2011, I called back at Tricom and asked about what is the issue. They said, PF office wanted some more documents which they gave in Nov and now everything should be fine and I should get my PF.

I waited for some time and by Jan end, I filed an RTI with CPIO, Vashi Office and awaiting their response.

Though I checked with other employees of the company who applied in Nov 2011 (much later than me), their withdrawal has been reflected on EPF website as in process status. But my PF withdrawal has not even reflected on EPF Website, I am not sure who is messing up the things but now I want to get whats my right, even if it requires legal notices and court case against these people.

Please advise what legal provisions exists for such a case. I have mail from EPFIGMS and also from Tricom having the scanned receipt attached. Also have RTI xerox too.

Thanks,

Ashish Jain

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3 Replies

Kumar Doab (FIN) 26 February 2012

The employer should forward it to PF authorities within 5 days of its receipt (Ref clause 72 5(a) of EPF Act.)

The concerned PF office shall issue an acknowledgment to the employer which employer has to supply to the employee.

The PF office should be in a position to settle the claim within 30 days and credit the amount in bank a/c of the member in say 45 days.

Redressal of grievance is within 30 days.

If the company has stated that some additional information was demanded by PF office and the same has been submitted you may demand the copy of the letter form PF office and reply of the company, and copy of the acknowledgment showing date.

Attached File : 89456778 citizencharter epfo.pdf downloaded: 209 times

Ashish Jain (Senior Consultant) 27 February 2012

Thanks Doab. These are the guidelines stated in Citizen Charter, but what I can do leagally for getting these people to task? At least they should give a reply and they should have obligation to reply, because when I call or mail they dont respond. I can send postal mail too, if required, but I need something which has obligation of response back. I filed RTI for the same, but what can be done at company end?

I need to get answers for few questions like:

To the company:

1. Have you submitted my form and all relevant documents for my PF Withdrawal? Is anything pending from your end?

2. Date at which the complete documentation has been received by the PF office?

To the PF Commissioner:

1. You have received the form by XXX date, the copy of receipt of deposit is attached alongwith. Please let me know the reason behind delay of 8 months?

2. When can I expect my money released from PF office, an approx date with reasonable margins.

Thanks,

Ashish Jain

Kumar Doab (FIN) 27 February 2012

"If the company has stated that some additional information was demanded by PF office and the same has been submitted you may demand the copy of the letter form PF office and reply of the company, and copy of the acknowledgment showing date."

Citing heavy work load PF office do not reply. Moreover CPFC can deduct salary of the office staff for paying damages to complainant.

You may lodge a complaint to CPFC

Shri R.C Mishra, IAS

Central P. F. Commissioner

Bhavishya Nidhi Bhawan,
14, Bhikaiji Cama Place,
New Delhi - 110 066.

011

26172671

26189910

cpfc@epfindia.gov.in

by letter thru redg/spedd post.

You can issue legal notice.You can approach a PF consultant.