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Winston (Technician)     04 October 2014

Reg. pf claim rejected by epf office

I worked in a private company for 6 years and 2 months. I resigned from my job in January, 2013. I submitted the PF claim form along with the required documents in February, 2013 to the accountant of the same company. After one month completed, they submitted my claim form to the EPF office, Chennai. But EPF office rejected my form and resent it along with rejection letter to the company's office. During that time, I got a SMS related to "Claim Rejection" from EPF office.

In my old company, they don't know how to fix the issue and resubmit the form to the EPF office. Also, they are not interested to solve this issue. I have almost sent 30 mails to the Managing Director of the previous company. They reply my mail but they are not serious to fix the issue. Almost 2 years have gone like this.

I don't know where to made a complaint and what action to be taken. Could you please give me your suggestion?

Regards

Winston



Learning

 11 Replies

Sudhir Kumar, Advocate (Advocate)     05 October 2014

what si reason fro rejection

Kumar Doab (FIN)     05 October 2014

After 3Y the PF a/c shall become dormant.

The APFC/RPFC in concerned PF office can disclose the reason for rejection of claim.

The company has to supply you the certified copy  of rejection of claim sent by EPFO.

You  can also pursue thru RTI.

You can submit your representations thru RPFC in nearest PF office too.

Sudhir Kumar, Advocate (Advocate)     05 October 2014

Partially agreed with Mr Kumar Doab.

There is no concept of dormant account in PF like bank. It is called UCD [unclaimed deposit]

Winston (Technician)     06 October 2014

Thanks for your reply in this regard. I will contact the company to know the reason for rejection. Then I would mention the reason for rejection in this forum. Also, I would like to know what is RTI and RPFC.

Sudhir Kumar, Advocate (Advocate)     06 October 2014

RPFC - Regional Provident Commissioner  - in whose office the claim was preferred.

RTI - Right to Information Act.

 

RTI Act applied to Govt bodies only.

Kumar Doab (FIN)     06 October 2014

From your posts it is clear that you are not  properly informed.

For the time being you may simply remember that 'APFC/RPFC/PRO/ADDL. CPFC/CPFC' shall understand when a member mentions a/c is dormant. 

 

Employee should always consult elders in the family, employees/Trade Union's leaders, Labor Law Consultant, and do some self study, too, so as to become properly informed.

Instead of remaining entangled with company, it shall be appropriate to consult and submit representation thru RPFC in nearest PF office under proper acknowledgment, and narrate all communications sent to company so far, and request to not only inform you the reason , but to also supply you the copy of communication sent to company (a copy of which should have been sent to you) and depute the PF Inspector to penalize the company for not acting in the matter.

Pursue thru RTI.

Issue Notice that you/unions can also send, or legal notice thru your lawyer to company/EPFO.

If EPFO is deficient you can pull them, also to DCDRF.

 

If the Payment of Gratuity Act is applicable to the establishment:::::You are also eligible for Gratuity.?

Did the company supply Notice of Determination of Gratuity/payment of Gratuity to you?

Did you submit FormI?

If NO::::you may submit, thru Redg. Post,........................ FormI and mention that  Notice of Determination of Gratuity/payment of Gratuity has not been supplied despite representations in office, and FormI is attached.

 

Did the company supply FnF statement showing all payables to you::::including Bonus, Leave encashment?

T. Kalaiselvan, Advocate (Advocate)     09 October 2014

Please find out the reasons for rejection of your PF settlement  by the PF office and then initiate legal action accordingly.  Without knowing anything you are  sending mails to your company of no avail.  Mails will not come to the file, only written communications sent through registered post will come to file and they will become answerable.

Winston (Technician)     18 November 2014

I asked my previous company to inform me the reason for rejection. They replied "The Office is asking for the Details of your two PF numbers. They do not have any prima record for the same. Now we have clearly stated that Mr.Winston Thiraviam is the account holder".

Actually, I worked for my previous company for 6 years 2 months without any break. I don't know why they created 2 PF account numbers for me. Also, they did not submit my PF claim form to the PF office yet. I checked the status of both account numbers in EPFO official website. First number says "Your Account has been marked as In-operative Account. For details please contact respective EPF Office. The second number says "* * No record found".

So I want to make a complaint to the Regional provident Commissioner. I would like to know what are documents I have to submit to the commissioner along with the complaint letter. Please give me your suggestions.

Sudhir Kumar, Advocate (Advocate)     18 November 2014

No record found".


This sighnifies that no dues have been deposited.

 

This is called evasion and you have to give a complaint to RPFC requesting him to start proceedings under section 7A and allow you to be present in the proceedings.

Please also ascertain as to whether dues have been deposited in the first accoutn of not

Kumar Doab (FIN)     18 November 2014

In your last post you have mentioned that the company has not submitted your PF forms....while in your first post you have mentioned that you have received SMS alert from PF office. Both statement are conflicting. The company has to submit attrsted PF forms to PF office within 5 days and supply the acknowledgement issued by PF office (for you) to you by effective mode of communication e.g. Redg. Post. The company has to supply the PF a/c slips of each year issued by PF office for employees to each employee.... The PF number remains the same. The company has to reply to each point raised by you. You may visit the APFC/RPFC on nearest PF office, understand the nuances of the matter...and if required obtain the details by RTI.... You can also lodge complaint thru RPFC in neatest PF office.. If you are unable to handle the matter on your own entrust it to your lawyer. Don't linger anymore.

Sudhir Kumar, Advocate (Advocate)     25 November 2014

From the above facts it appears that the company will never (never) submit any claim to PF office.  They have either committed evasion or fraud and may not be interested in getting fixed up.  So any number of e-mails you send to them is waster of time.

 

So far you have not even exercised rigths under RTI. You need to ask the following details :-

 

  1. Name and designation of the dealing clerk/SS/APFC who decided to reject the claim.
  2. Dy No of the claim.
  3. date of registeration  of the claim.
  4. date of rejection of the claim.
  5. reasons for rejection of the claim.
  6. in case the rejection is due to non-remittance or non-submission of any return, whether action under section 7A has been initiated or proposed.
  7. Name and designation of the dealing clerk/SS/APFC dealing with compliance of the company.
  8. copies of all the inspections reports of the EO relating to this company since incorporation.
  9. copies of form 3A/6A/remittance challan form 12 A submitted by the company during your service.
  10. copies of Foprm 5A/10A submitted by the company at the time of you joining/resignation.
  11. relevant opy of form 9 (nominal roll of members.
  12. details of any section/7A proceedings intiated/decided against the company with copy of original notice and order of assesssemnt/dropping.

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