Name: Ketul Malavia
Dear Sir,
During my resignation period I had submitted all the relevant details to the co for claim of my EPF. Further to my surprise I have come to know that Co. for last financial yr i.e. 2008-2009 and also 2009-2010(from April – Sept) have not deposited EPF. My EPF No. AP/22276/93. I dont have any concrete proof. Even the other employees who are presently working are scared of the management to talk to me and give relevant details.
Further it is now more then six months and Head of the company (Managing Director) always gives reply “some problem has cropped up and matter will resolved very soon and also I shall hear from them very soon.) Managing Director is not ready to give me any concrete date.
Further I cheked the status of the claim online, it says my claim has not been submitted yet to PF office.
In this case how am I supposed to claim my EPF.
If not mistaken a company has not paid PF office isnt the co. liable for penalty or some punishment.
Please help.
Mr Malavia,
1) If the company is reluctant to forward your Pf claim form, you can get a form from PF office and submit the PF form directly to the PF office by getting it attested from the manager of your bank i.e where you have your account and send it yourself to the PF office.
2)If the company deducted money from your salary but did not
deposit in your PF account, then the company has embezzled
your money. It is a serious mistake and you can go to the police
station and file a complaint and also pursue the case in the civil
courts.
3) You can visit the concerned PF office or if personal visit is not possible then send an RTI to the concerned PF office to know the status of your account and the withdrawal request.You can file an application under RTI. Get a postal order worth Rs 10 in the name of Accounts Officer, EPFO India. Send it along with the application written by you seeking information under RTI to the Public information Officer (PIO) of the concerned PF office.
4) You can send a legal notice though a lawyer to the company regarding your PF claim. sending a legal notice is not very expensive (Rs 500-1000) and it is usually effective.
Thanks
First of all thank you for all the inputs.
Please find herewith my query to your suggestions point wise.
1. I was based in Mumbai and PF office is in Hyderabad. Further here in point number you are suggestion is that I submit the form directly to PF office by getting it attested from my Banker. Sir please note my banker is here in Mumbai. Will that work. I travel frequently to Hyderbad and can deposit form personally. But Sir I still have doubt since Company has not deposited the money in my PF account will the PF office pay me.
And I am sure this will take long time.
2. To file a complaint in police and also file a case in civil court would be too early. This the company will not like it. And I also feel at this juncture it will jeopardise all the relations.
3. How do I file application in RTI – can you suggest me suitable way. Here by filing application in RTI I shall be able to know the status of my account and PF claim. Correct?
4. Sir, what about aftermath of Notice. Managing Director is very shrewd and stubborn, he will see that I dont get the my PF and create more difficulties for me. Please suggest any suitable lawyer who would do this and help me.
Thank you once again for all the suggestions and look forward to your further help on the subject.
Mr Malavia,
The best thing for you at this stage seems to be to file an RTI. Get a postal order worth Rs 10 in the name of Accounts Officer, EPFO India. Send it along with the application written by you seeking information under RTI to the Public information Officer (PIO) of the concerned PF office i.e. Hyderabad in your case. Under RTI you can seek the following information-
1) The amount available in your PF account.
2) The status of your withdrawal claim
3) The exact months and years for which the PF was deposited. This is important as you would know till when your company deposited your PF. If they did anything wrong this info. would be vital for cornering them.
Rgarding option 1 suggested above by me, the form should be got attested from the bank where you want the PF amount deposited. For more details you can visit the EPF site epfindiadotcom
Thanks.
Dear Mr. Dev Raj
Thanks for the information and advice.
As per your siggestion at present I need to get postal order for Rs. 10 and send it to EPFO office along with my application. Further do I just have to mention “under RTI” I seek following information. Will they respond to me.
Further as per your second suggestion that is collect the PF form and submit the same by myself after getting it attested by Bank Manager. In this form it wont be required to collect any relevant informaation from my Co. i.e. Co’s stamp and concerned person signature. And most important question is will PF office entertain such claim and when Co. has not deposited money in the account how will PF office pay me.
Mr Malaviya I suggest you file a RTI to get all the required information. You can also enquire about the quantum of your claim and the method to receive it if your company does not forward your form.