• PF payment declined by ex-employer

I was employed by a cooperative society which was managing the PF of its employees through a private trust. i was terminated from service, citing some irregularities for which i have fighting in high court. i am 70 years old and to meet my medical requirement i needed the PF money. i have approached private trust and the regional PF commissioner but didn't get any response. The can you please advice how to proceed ?
Asked 7 years ago in Labour

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11 Answers

File RTI application with regional provident fund commissioner as to why your application has not been processed

2) is the duty of the employer under the Act & Scheme to help Employees’ Provident Fund organisation to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt forms & hand over it to the member when he leaves the service. When a member finds difficult to get the form attested by the employer, he can get the attestation of any of the following officer & send to the Provident Fund office

i. Manager of a bank.

ii. By any gazetted officer.

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

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

5) issue legal notice to ex employer and RPC for recovery of your dues

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Issue legal notice to private trust and bank as to why your PF application is not being processed

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Sir Serve the employer, private trust legal notice and CC the copy to PF commissioner further if they donot take any step you can complaint before the labour commissioner.

The PF is right and the employee cannot deny it the labour commissioner shall take steps and will put matter with labour court who will timely decide the matter.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further if you are already in high court you can make an application before high under same petition to direct the trust to release your PF amount citing you difficulties.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

hello,

please file a writ petition in the HC. they cannot stop your pf money.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is very unfortunate to hear for an old man despite of making several requests to the same department for releasing the PF.

Firslty, there is no law which gives power to the private bodies to collect the PF, it is an illegal offence.

Secondly, you please inform them about the same that if they don’t listen to you then you may also be filing criminal complaint against them.

Thirdly, if they still don’t act then go to the legal aid department of your area’s session court, and file case under section 156(3) of CrPC for filing the FIR at the cost of free.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client,

PF in inherent right of employee which cannot be rationed on termination or retirement. Should also have challenged the holding of PF in High Court. fast relief.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You collect all the details and approach an experienced lawyer in the local and issue a legal notice demanding the PF payment after that in case pf no response then you may drag everyone to court seeking relief and remedy.

T Kalaiselvan
Advocate, Vellore
90008 Answers
2496 Consultations

You don't worry about the status of the trust whether it is private or public, you concentrate on your subject alone.

You may initiate proper legal actions for the desired relief.

T Kalaiselvan
Advocate, Vellore
90008 Answers
2496 Consultations

You should serve a legal notice to trust asking them to release your PF amount within 10 days of the receipt of the notice failing which you can a complaint against the trust to the Labour Commissioner.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If you are looking for a quicker remedy, you can file a writ under article 226/227 of the Indian Constitution in High Court of your state.

High Court will fast track your case considering the fact that you are a senior citizen.

Regards.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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