If company defaulted on Payments the APFC/RPFC in PF office must have initiated 7B proceedings against the company. If PF office has done nothing as per manual it has to bear the brunt. Your funds deposited so far with PF office+ interest is safe and is in custody of PF office.
The Employer, government, various officials as described in various enactments is to be approached e.g:
SE Act Delhi:
(8) “employer” means the owner of any establishment about the business of which persons are employed, and where the business of such establishment is not directly managed by the owner, means the manager, agent or representative of such owner in the said business;
(12) “Government” means the *Chief Commissioner, Delhi;
(15) “inspector” means an Inspector appointed under section 36 of the Act
(17) “occupier” means a person owning or having charge or control of establishment and includes the manager, agent or representative of such occupier;
20) “register of establishments” means a register maintained for the registration of establishments under this Act;
(21) “registration certificate” means a certificate showing the registration of an establishment;
The company must have been registered and Registrar of Companies should have full information.
For PF you may approach APFC/RPFC/PRO in local o/o PF commissioner and escalate to Addl.CPFC of your state and CPFC.YOU can peruse RTI route.
The contact details of PF officials, rules etc can be found at
www.epfindia.gov.in
For Gratuity you may approach Controlling Authority of Gratuity which may be ALC in o/o Labor commissioner at your location.
THE PAYMENT OF GRATUITY (CENTRAL)
RULES, 19721
3. Notice of opening, change or closure of the establishment.-
(3) Where an employer intends to close down the business he shall submit a notice in Form C to the controlling authority of the area at least sixty days before the intended closure.
4. Display of notice.-(1) The employer shall display conspicuously a notice at or near the main entrance of the establishment in bold letters in English and in a language understood by the majority of the employees specifying the name of officer with designation authorised by the employer to receive on his behalf notices under the Act or the rules.
(2) A fresh notice shall be displayed immediately after the notice referred to in sub-rule (1) becomes illegible or requires a change.
For your dues from company you may approach Manager/Occupier/Agent etc.
Has the company applied for closure of the establishment or for liquidation etc?
In a given situation employee can invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
State is duty bound to locate this employer. The authorities are duty bound to lodge complaint with police to locate the employer. You may share all details of the promoters etc with law enforcement agencies.
