With drawal of fnf & pf

Hi can anyone help

Yes ! Mr Maaaz.

Accepting full and final will be considered as your acceptance to the termination as without accepting the termination they will not give you full and final account.

However it is suggested to you that since they have sent you termination letter and you are not joining them further more they have to send you your full and final account ASAP as per the legal norms and in this case there will not be any acceptance of termination from your part and you can move ahead to challange their termination in the Labour court concerned. You are advised not to accept their termination letter in writing that you are accepting it as your fault and you will not proceed for the any legal action against it.

As far as the PF is concerned no body can hold your PF amount. You are requested to just take your PF account number along with the PF account number of your company or institution where you have been employed and directly be in touch with the local PF Commissioner office in case the PF is contributed with the Government or if in case there is a employees PF Trust you have to approach them for getting your FPF.

It is better you file a case against your arbitrary termination in the local labour court with an inter locutory application for getting your full and final account and PF money along with the compensation of wrongful termination and harassment.

As a Deputy Manager you may/may not be covered by the definition of a 'Workman' as in ID Act.Your able Labor Law Consultant/Service Matters lawyer/Law firm may ask you a set of structured querstions and may finally opine on it.

However you may get covered by the def. of 'Employee' as in Shops & estabs Act provided the establishment is covered by the Act..................................as the Act in many sttaes does not discriminate between a 'Workman' and 'Non Workman'.

There have been mixed opinion about withdrawl of PF and some are that withdrawl of PF (not transfer) can not be /can be deemed as acceptance of termination and payment of Gratuity too.

Let company send the FnF payout preferably in Bank a/c and you may write under proper acknowledgment that you have not accepted the FnF statement and if it erratic also you may add that it is not correct as well...................and company has committed transgression on...............

If terminated and PF is paid before 5 years of service, TDS is not applicable.

If the company has its own PF trust it may release PF in case of termination on its own also.

The company may release Gratuity on its own even if it does not have its own trust to mange Gratuity............................however you may refrain from submitting any communication and withdrawl forms  on your own until or unles your able lawyer has advised you to do so.

If reinstated with full back wages/consequential benefits the employer can not demand interest paid on PF from employee.

You may go thru:

https://www.lawyersclubindia.com/experts/pf-withdrawal-after-termination-526571.asp#.VgvX1n1-jMo

This thread may give you hints and relevant points to proceed further as deemed fit to you at your end..............................however each case can be different and you must not treat the discussion in thread as absoloutely applicable in your case.

It shall be appropriate to discuss with an able Labor Law Consultant/Service Matters lawyer/Law firm, understand the options,merits before you proceed further, on your own.

Thank you Mr Bali & Daob..

Require more suggestions from experts..

Mr P S Dhingra, Mr Sudhir Kumar, Mr P Venu, Mr R K Nanda, Mr Rajendra Goyal,

Mr T Kalaiselvan,....

Kindly help with my query and also if any reference some act can be given it will been  good.

I have written received and signed on my termination letter.

I was working as a Deputy Manager in a Food Business located in maharastra and was terminated

in unlawful termination and i am looking to follow legal procedure under civil court law.

1) I need suggestion whether I can claim my fnf & pf with drawal before filing a legal case ?

2) If i claim fnf and pf will be considered by court of law that as I have claimed fnf & pf hence automatically i have accepted termination ? 

Kindly Help.

Regards,

Maaz

Thank you Mr Bali & Daob..

Require more suggestions from experts..

Mr P S Dhingra, Mr Sudhir Kumar, Mr P Venu, Mr R K Nanda, Mr Rajendra Goyal,

Mr T Kalaiselvan,....

Kindly help with my query and also if any reference of some act can be given it will be good.

I have written " received " and signed on my termination letter.

I was working as a Deputy Manager in a Food Business located in maharastra and was terminated

in unlawful termination and i am looking to follow legal procedure under civil court law.

1) I need suggestion whether I can claim my fnf & pf with drawal before filing a legal case ?

2) If i claim fnf and pf will be considered by court of law that as I have claimed fnf & pf hence automatically i have accepted termination ? 

Kindly Help.

Regards,

Maaz

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