WIPRO BPO Kolkata refusing to settle FnF

file a RTI. what they are saying just obsurve that. then u file a consumer case nearest consumer court.

sorry u can file a case at civil court..

All I am interested now is my PF money and not a long court case. I am aware that it can be withdrawn on form 19 from the PF Commissioners office. Since my account is in Delhi and I stay at Kolkata it is practically not possible for me to follow up unless the entire procedure is online. So I am asking for the help of a lawyer.

fill up the form-19 & 10C, get your signature verified from the Bank Manager of your branch where you kept your SB a/c. and submit the Form to the RPFC office with a covering letter mentioning clearly that my previous employer is not signing my PF withdrawal form hence I got my sign verified from the Bank.  The RPFC him self will get your sign verified from the employer sending your form through the PF Inspector. Even then if you do not receive your PF amount, just make a reminder to RPFC. After that you have option to file a case before the Consumer Court making the party to the RPFC & your previous employer. The consumer court definitely will help you. Also make sure that before filing a suit in consumer court send a legal notice to the RPFC and Employer through any Advocate.

Further:

Under the provisions of EPF Scheme, when a member finds it difficult to get the form attested by the employer, he can get the attestation of any of the following officers & send the withdrawal forms to the Provident Fund office.  It is not always necessary that the Employer only should attest.  You need not be at the mercy of the employer.  You may have some other dispute (notice period, money dues etc), but as long as the employment has "come to an end" by resignation, then you can resort to the following action.  In most of the cases, the EPF Dept clears the withdrawal (by referring to the employer, and notwithstanding any issues which he may raise against the employee, because the EPF dept is not concerned with other issues).  

Manager of a bank.

By any gazetted officer. 

Member of the Central Board of Trustees. / committee / Regional Committee (Employees' Provident Fund Organization).

Magistrate / Post / Sub Post Master / President of Village Panchayat / Notary Public.

https://www.lawyersclubindia.com/forum/Legal-Action-Aginst-Employer-Refusing-to-Sign-PF-form-15059.asp

hope this helps.........

Write to your HR to send a soft copy of your last drawn payslip and PF statement.

Wait for couple of days send another reminder, if you get anything in return then deal the issue based upon the reply... else attache these copies of communication and the non-action on the part of company in the Covering letter and request them(PF office) to issued a PF statement......

You have sent your resignation by post,hope you have the acknowldgment.

You have sent it by email, and email is accepted by courts.

You were sick,hope you have the medical records.Hope you had applied for sick leave and you have the records .

You can not be termed absconding or absent if you have the above proofs.

PF:1.Since yopur employer is not willing to send you the PF withdrawl forms you can submit the same after these are signed by one of the competent authority e.g Bank Manager to your PF office by registred post under acknowledgment.Your employeris duty bonund to supply you,your PF accumulation reports and PF withdrawl forms.If at   there is any recovery from emplyee,employer has to adopt legitimate ways.i.e to send a notice with details.

You have your PF number and you can find out your concerned PF office online.

You may log on to epg.gov.in and you can lodge complaint online, you shall receive acknowledgment and complaint number, and complete details with email,phone number,address of your SRO.The time to respond to you is within one month.

You shall find the address and email id of your SRO,. you may also forward a complaint to :

> > Central P. F. Commissioner

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

email id : cpfc@epfindia.gov.in

who shall forward it to your SRO.

You may mention in your complaint to SRO and cpfc that despite requests and reminders your company has not supplied you PF withdrawl forms and PF accumulation reports.

To make the things simple:

1.You have stated that you were not absconding.You may place the details on record and contest and prove that you were not bsconding.For the company it shall not be easy to prove the employee was absconding.

2.The company must have cited the reason for termination of service in the termination letter.

3.As per terms of service posted by you , if absconding service can be terminated and notice pay shall not be paid.

4.If company has terminated your service (for reason???) and then if company has demanded/deducted notice pay and if the deduction of notice pay in case of termination ,is not written in your contract of appointment/terms of service ,company can not demand it or   mention it in your F&F.

If you are sure lady HR Manager is twisting the facts,or coercing you to accept malpractice, verbally or in writing,or resorting to any illegal practice, or practicing against labour laws, you have enough reason to protest in writing to good office of MD/Chairman/Company secretary and/or lodge complaint with Labour Commissioner.This may settle your greivance.

Whatever is the interpretation yu may put everything in writing, and supply the minutes of discussion, and contest and protest the wrongdoings.

5.You can show the records to your service lawyer and your lawyer may send the notice and help you to draft your communications.

6. You can protest that despite your repsentations in writing,on phone, in person company has not supplied you PF withdrawl forms and has been armtwisting to accept their illegal demands to obtain PF forms.

7.You may obtain PF forms from office of PF  commissioner and get them signed by one of the designated authorities and submit to PF commissioner and they shall do the needful.

While you lodge your greivance EPF website and CFC shall ask you when and where forms were deposited.

Companies deposit PF thru trusts so ift may be  M/s WIPRO SPECTRAMIND SERVICES LIMITED for M/s WIPRO Ltd.

8.If you were called to Kolkota office you may immediately send a written representation to the :-

-person who ordered you to be at Kolkota office( and mention as per your orders you attended meeting with......at Kolkota office located at.........) and you signed your entry at serial number......at time ..........

You may use your resources and obtain copy of your  entry on the page

-person who received your repsentation

-Lady HR Head -

-your appointing authority

-MD and CS and Chairman

and send the minutes and mention everything including reluctance in providing you salary slip.

It shall be appropriate if you clear everything and obtain a suitable letter from company so that you do not face a negetive rference check in future .

You seem to have a good case.You may better lodge complaint in writing with concilliation officerof office of Labour commissioner. Thus you may get your rights and may not face foul play.

You have now your own business.

Wish you all the very best in your ventures and endeavours.

May be this is a blessing in disguise.

Enquire from local courts and your family,well wishers, colleagues,business class, and you will come to know about expert service lawyers/law firm who have a reputation.

You may come to know this from forum also.

One dirty fish spoils the pond. Willfully,or under the compulsions of job,or under instructions if any emloyee has been engaged in wrongdoings to spoil the careers and earnings, employability of a professional he/ she should be taught a lesson. After toiling for years , inoccuring huge expenses child gains educations and becomes reay to earn for self and family and has to take care of parents. And one fine day a jeleous employee/company crushes his dignity/pride/future prospects.

One should not swallow insult and excesses. One is sufficient to teach lesson and once taken to task the agressor shall be restarined.

One and only one of his kind reverred SWAMI VIWEKNANDA was able to nurture a movement and like torrent it was all over the world.

Our ancestors made lot of sacrifices to set us free and let us live in a nation " WHERE THE HEAD IS HELD HIGH"

Do not throw away your rights.

From what you have learnt and gained move other employees also to collect their rightful dues from the defaulting company.