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suresh kumar   19 July 2018

Withdrawal of pf amount

Dear Seniors, I am working in a manufacturing unit and I have been attending one employee case at labour court since one year as he filed wrong case against company. Now this person wants to withdraw his PF amount. Please advise is it possible for an employee to withdraw his PF when case is pending at labour court.


Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     20 July 2018

He has a right to withdraw and stopping his application is a criminal offence.  Do not give him a license to get you arrested.

G.L.N. Prasad (Retired employee.)     20 July 2018

While you are dealing with a employee relations case, you should know fundaments.  Who is the custodian of PF amount ?   What right employer has on such PF which is not within his controls ?

It is his right, and do not keep hurdles in his withdrawal of PF as it amounts to harassment and  EPF may not care for you.

He may withdraw only Temporary withdrawal as he was not terminated .

When employee has filed a complaint against employer, in Labour court what is your bonafides on seeking such guidance on PF of the employee ?  Sorry I could not understand the query.

Kumar Doab (FIN)     20 July 2018

The employee has been separated from establishment by resignation, termination, retirement etc?

Kumar Doab (FIN)     20 July 2018

Advance from amount from PF a/c can be withdrawn per applicable rules while in employment.

If terminated Form 19 must have been supplied to employee.


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