Did you sign any service agreement/bond? Has the company issued and supplied acknowledgment of notice/resignation, acceptance of resignation, FNF statement, reliving letter/service certificate/work experience certificate, PF number/account slips, NOC/NDC, acknowledgment of company property/having handed over the charge, last salary slip etc?
Does the company have its own PF trust? Do you have the PF rules of the company and various forms prescribed by the company for PF withdrawal/transfer?
PF can not be attached. What is the reason quoted by company for not processing your request for PF?
You may either submit the PF forms with your covering letter for withdrawal/transfer to company by redg/speed post under acknowledgment and follow up by email mentioning that your PF forms have been supplied to company and attach internet generated POD. You may enclose a postage prepaid { as purchased from PO} self addressed envelope and mention in covering letter that same is enclosed for supplying you the acknowledgment issued by EPFO by redg post. Company is duty bound to submit the PF forms to EPFO within 5 days and supply you the acknowledgment issued by EPFO.
You may also obtain POD from PO {letter signed by sub post master and internet generated delivery report free of any charge} and certified copy of run sheet of post man by paying a fee of Rs.10/.
If the company does not submit your PF forms you can lodge a complaint with RPFC mentioning that company is not attesting PF forms and RPFC is under obligation to take action and reply to you.
You can submit another set of forms attested by BM of your bank to RPFC with your covering letter and request to supply you the acknowledgment, and payment.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.
Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.
Industrial Employment (Standing Orders) Act, 1946
SCHEDULE IB : Model Standing Orders on Additional items Applicable to all Industries
1. Service record
Matters relating to service card, token tickets, certification of service, change of residential address of workers and record of age.
(ii) Certification of service : (a) Every workman shall be entitled to a service certificate, specifying the nature of work (designation) and the period of employment (indicating the days, months, years) at the time of discharge, termination, retirement or resignation from service;
Delhi Govt. Labor website:
Industrial Employment (Standing Orders) Act, 1946
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16.
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Certificate on termination of service.-
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Every permanent workman shall be entitled to a service certificate atthe time of his dismissal, discharge or retirement from service.
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17.
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Liability of 1[employer].-
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The 1[employer]of the establishment shall personally be held responsible for theproper and faithful observance of the standing orders.
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20.
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Service certificate.-
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Everyworkman who was employed continuously for a period of more than threemonths shall be entitled to a service certificate at the time of hisleaving the service of employer.
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22.
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Exhibition and supply of standing orders.-
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Acopy of these orders in English and in the regional languages of thelocal area in which the mine is situated shall be posted at themanager's office and in such other places of the mine as the employermay decide and it shall be kept in a legible condition. A copy of thestanding orders shall be supplied to a workman on application, onpayment of a reasonable price. A trade union in the establishment will,however, be entitled to the free supply of a copy of the standingorders, provided the union is one which is recognised by the employer.
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Form 16: You may lodge a complaint with CIT-TDS of your locality and jurisdictional CIT-TDS where your company files the return.
