• PF trust

Two companies smith Kline and Glaxo welcome merged to for gsk pharmaceuticals ltd some times in 2000, they both had PF trust, now due to a case pending in Karnataka high court gsk is not giving smith Kline employees their PF amount in that trust, can gsk do this due to a case on PF trust pending.
Asked 7 years ago in Civil Law

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13 Answers

What are reliefs claimed in the suit pending in Karnataka HC?

Is there any stay order passed restraining company from distributing PF dues ?

3) if there is no stay employees are entitled to their PF dues

4) issue legal notice to company to pay PF dues of the employees

Ajay Sethi
Advocate, Mumbai
99938 Answers
8158 Consultations

1. Disbursal of the PF amount does no depend on the pendency of any dispute.

2. So apply before the PF Commissioner to get back the PF dues.

3. If the employer does not disburse the said amount then the PF commissioner can take appropriate action including taking penal action against the officer bearer of the employer.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

The Government of India will now contribute the employer's full admissible contribution for the first three years from the date of registration of the new employee for all sectors. Further, the government will pay the EPF contribution for existing beneficiaries for their remaining period of three years. Employees who have joined on or after 1st April 2016, having a new Universal Account Number (UAN) with salary up to Rs 15,000 per month, are covered under this scheme.

Mohammed Mujeeb
Advocate, Hyderabad
19363 Answers
32 Consultations

Sir what kind of case is pending is there any stay on disbursement of the funds if not then they can give out same or the employees can issue a legal notice and can complaint before the PF commissioner for the disbursement of the PF.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir the PF in private companies is government by there norms of the trust they set up the limit for the amount of contribution and deduction , which has to be standard as per the Act so seeing the rules you can apply for higher deductions for more benifit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes GSK can do this in light of pending litigation

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

hello

although a petition is pending in the HC, the company cannot withhold the PF money unless there is some specific order to that effect. therefore kindly give notice to the Co. and file an application in the present WP stating the act/omission by the errant co.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. It is not clear from your query as to what is the prayer made in the writ petition pending in the High Court of Karnataka.

2. Be that as it may, unless there is an order passed by the HC through which it has stayed the disbursement of PF it cannot be stopped by the companies. If there is no such stay order passed by the HC then the aggrieved employees should firstly serve a lawyer's notice to the company and then approach the court for release of their PF.

Ashish Davessar
Advocate, Jaipur
30843 Answers
981 Consultations

In private companies the PF contribution is fixed but you can increase your on contribution by applying to your HR department to arrange extra contribution deducted from your salary please see the amalgamation of both the companies and detail of litigation to know in detail about the PF trust

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You should file intervenor petition in High Court and seek direction from HC.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If the PF amount is not settled and the PF authorities are not able to solve the issue, the affected employees/beneficiaries may approach high court with a writ petition seeking solution to the burning issue .

The pending writ petition in this regard is not a exemption for the company to disburse the PF amount to the entitled employees who are otherwise not involved in the pending writ petition.

Alternately, the affected employees may file an implead petition in the pending petition (if they are not already a party to the pending petition) and seek for an expeditious disposal of the pending case owing to their dire living conditions due to non-settlement of their due amount.

T Kalaiselvan
Advocate, Vellore
90139 Answers
2504 Consultations

How to apply for more epf contribution for more pension in pvt companies

What is your question about?

Be specific about it.

Do you want to have additional deductions of PF from your salary. More pension is not in the hands of the employees, they will get the pension due for them and not entitled for additional or more pension than what they are entitled to.

T Kalaiselvan
Advocate, Vellore
90139 Answers
2504 Consultations

What is the legal status of the case this depends on that , so please convey the status and last order passed by the Hon'ble Court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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