• PF payment of the employees was missed for 6mintjs

My company missed to deposit the pF amount for 6months due to shifting of account staff

Now we have cleared all the dues and have been paying it on time but now, PF officer has registered complaint with police need help with the same.
Asked 7 years ago in Labour

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13 Answers

if a company is found to be non-compliant with its PF deposits, it will not only have to pay the dues but also pay an interest penalty on the same, depending on the number of days of delayed payment. If the delay if for less than two months, then the interest payable will be five per cent yearly above the amount payable for the number of days of delay in making payment.

3)accused can be arrested and booked under Section 14B (penal damages for delay of payment) of the EPF & MP (Miscellaneous Provisions) Act

Ajay Sethi
Advocate, Mumbai
99938 Answers
8158 Consultations

You can contact any localceiminal Lawyer on this website

Ajay Sethi
Advocate, Mumbai
99938 Answers
8158 Consultations

1. Police has no authority of law in the first place to intervene in case of non-deposit of PF. The remedy available to aggrieved employees is only before the civil court.

2. If you receive any notice from police then reply to it accordingly through your lawyer.

Ashish Davessar
Advocate, Jaipur
30843 Answers
981 Consultations

1. it is a petty offence if the same has occurred due to genuine mistake.

2. So if the accused person appear in the case and plead guilty then with a nominal fine he would be acquitted of the charges.

3. So engage a local lawyer and appear in the case to do the needful.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

if a company is found to be non-compliant with its PF deposits, it will not only have to pay the dues but also pay an interest penalty on the same, depending on the number of days of delayed payment. If the delay if for less than two months, then the interest payable will be five per cent yearly above the amount payable for the number of days of delay in making payment. Similarly:

1. less than 2 months- 17% p.a 2. 2 months and above but less than 4 months- 22% p.a. 3. 4 months and above but less than 6 months- 27% p.a.4. 6 months and above -37% ( para 32A of EPF scheme)

OFFENCES AND PENALTIES are specified in para 14 of the EPF Act

you can file a complaint with either RPFC or a criminal case against your employer with the police or complain to the chief vigilance officer appointed by the labour ministry. You need to produce a copy of your salary slip to show the deduction, which does not reflect in the account balance.

Mohammed Mujeeb
Advocate, Hyderabad
19363 Answers
32 Consultations

This is my response to you:

1. The PF officer cannot directly complain to the police;

2. Ask him to withdraw the complaint and settle the matter at inter-personal level;

3. Say that such dispute is of a civil manner and criminal action is unwarranted for;

4. You can contact a local lawyer through: https://www.kaanoon.com/lawyers/mumbai

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Sir it is a petty offence and the same can be compounded with the help of the PF officer pay the interest and penalty take receipts of same .Further you can plead guilty that due to reasonable cause you could not pay the amount plead guilty the court shall fine you under the act and there would be no consequences.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Contact any local lawyer practising before the court under whose jurisdiction the said police station is there.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Under which sections FiR filed ?

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Get in touch with some Mumbai based lawyer at the earliest with entire set of documents.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can convince the authorities and should be willing to pay the penalty for the delay in payment of the PF amount.

You can also give a written assurance to not to repeat this in future.

If the authorities are not convinced and are not willing to withdraw their complaint, then you may have to challenge the same in the trial proceedings based on the merits and the efforts you have initiated to reconcile this issue with the authorities.

T Kalaiselvan
Advocate, Vellore
90139 Answers
2504 Consultations

Need a lawyer help on immediate basis, to get this sorted

You can look for a lawyer form this forum also who practices within your jurisdiction, there are no dearth for lawyers

T Kalaiselvan
Advocate, Vellore
90139 Answers
2504 Consultations

Don't worry they do like that in due course to pressurize the company by filing complaint for mis-appropriation of public money but when Police come for enquiry show them full record and give copies of all the relevant documents.They will file final report otherwise the case will go to the Judicial Court where you can file all the documents, this has to be managed.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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