• Employer withholding my PF Money

I worked with a company for 3 years and left the company after serving notice period and submitted all NOC forms and even I got my relieving letter from them. As per rules I applied for my PF fund after 2 months of my last working day.

But 9 months has passed since my last working day with them till now I have not received my PF fund. I have written to them number of times but got no response.

The Director of the company replies after 6 months saying that there are some pending work from you, come and complete it and we will process your PF application. For that I replied why bring this now but not while I was serving notice period. And the company itself has relieved me saying all the formalities has been cleared.

With my good intentions I helped them with whatever help they asked for hoping they will process my PF. But 3 months has passed since then till now I have not got my PF fund.

When I questioned the Director that i will take legal steps, an HR employee calls me and says to re submit the PF application form..!!

what they did is legal.? Can i go against them legally?
Asked 7 years ago in Labour

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7 Answers

Serve a legal notice through your lawyer to the company to release your PF. If better sense still does not prevail on him then file a civil suit for mandatory injunction and also a criminal complaint for breach of trust, and see how he falls in line.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello,

1) What they have done is absolutely illegal and you can take legal action against them. Find out from the PF office if your application has been forwarded by the employer yet.

2) As you have complied with all formalities of severance from the company there's no reason for them to withhold your PF or the file. It's your right and the company is guilty of a serious offence.

3) Issue a legal notice to the company with copy to the PF office and the Labor Commissioner. The company will comply instantly.

S J Mathew
Advocate, Mumbai
3562 Answers
175 Consultations

5.0 on 5.0

1) complain to regional provident fund commissioner against company if your PF application has not been processed for period of 9 months

2) RPC will conduct inquiry and take action against company for non payment of PF dues

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. may be that they have not yet deposited your PF contribution to the PF department.

2. No company can ask his ex-employee to come and finish the pending job after he has been released.

3. Send a lawyer's notice to him under copy to the PF Commissioner claiming your PF amount to be sent with in next 15 days failing which you shall take legal action against the Company.

4. You can also lodge a police complaint against the said Director for not depositing the PF amount deducted from you to pressure on him.

5. If you still fail to get any response, you can file a Writ Petition against the inaction of PF Commissioner and also the Police making the said Director a private party claiming relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

you should file a case before labour court for either transfer of fund to new employer or to the employee (CIT vs Mysore spunge co. 1997 SC). provident is exclusive property of the employee and employer cannot hold it.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

When I questioned the Director that i will take legal steps, an HR employee calls me and says to re submit the PF application form..!!

what they did is legal.? Can i go against them legally?

No doubt what the management did against you is not justified nor an appreciable act.

In fact it needs to be condemned.

You have two options :

1. to fight it out legally and get the results prolonged with long legal battle

2 alternately you may fill up the forms once against and get the PF amount at the earliest.

You may decide the option that suits you best.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

What steps I can take in this situation..? Can I ask my employer for the compensation for making me to struggle all these days..? Can I ask them this directly ..?

If you think that you want to avenge your employer then you may approach the PF authorities in this regard or sent legal notice to the employer and drag him to the court and spend your leisure time in the court halls for next two to three years fighting a waste legal battle for no results.

What laws they have broken in my case. Pls tell, SO that it helps me to inform them what illegal acts they have done and it may get them to come in line.

The law you say to have been broke may actually not however since you would like to drag them to court you may write to the authorities about this so that such culprits are not allowed to roam freely.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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