• Non Refund of Provident Fund Proceeds even after 1 year of application for Refund.

Madam/Sir,
 I worked in the State Bank of India for 2years and 7 months and at the time of resigning from the Bank Service on 12.09.2018, I had applied for the Refund of my contribution to Provident Fund,standing to my credit as on 12.09.2018.
Subsequently,on various occasions over the one year ,I had even mailed my queries regarding the status of my Application for the PF Refund but surprisingly my queries were not responded and its been a good One year that I am in no receipt of the PF Refund. 
On top of it, I am still unemployed for One year since 12.09.2018 and unable to sustain myself and also facing humiliation. I filed an RTI which responded that the Provident Fund Refund proceeds have already been remitted to the branch from where I resigned from Bank's service (And through this branch also, I had applied for the PF refund) and this branch has since the last one year held on to the Provident Fund money instead of remitting it to me.
Further, I had duely mailed upto 8 EMails over the One year ,to the branch officials as well as to the Corporated Head Office with Proof of Preceeding Emails sent reports.
Given these background of events, what sort of legal remedy am I entitled to ? Please Guide me Sir.
Asked 1 month ago in Labour from Bhubaneswar, Odisha

You can file complaint to superiors in the organization for the same. You can also file FIR under section 406 IPC. You can file RTI application in PF office about status of your PF through company. Then you can also file writ petition in HC

Prashant Nayak
Advocate, Mumbai
14541 Answers
25 Consultations

4.6 on 5.0

Ask them to provide you Universal Account Number or UAN, through that you can trace your PF account. IF not provided, complain to labor commissioner.

Also file complaint at EPF Grievance website online.

 

Yogendra Singh Rajawat
Advocate, Jaipur
14624 Answers
19 Consultations

4.6 on 5.0

complain to regional provident fund commissioner against bank failure to pay your PF dues 

 

2) you can file complaint against bank and RPF if you fail to receive your provident fund dues inspite of notice 

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

Greetings!

As Per the RTI you got to know that the amount is remitted to the concerned  branch please check once again with the status of this RTI.

However you can file a suit before labour court under Employees provident fund and miscellaneous provisions act 1952 and seek for the refund of your pf amount by hiring a labour advocate who is well versed into this field he will guide you step by step!!

Ayesha Sultana
Advocate, Bengaluru
160 Answers

Not rated

if the superannuation benefits have not been paid within 30 days you will get interest too there on. You will have approach High Court which has territorial jurisdiction

Mohammed Mujeeb
Advocate, Hyderabad
11763 Answers
4 Consultations

4.5 on 5.0

Please issue a section 10 notice under the Act no. 21 of 2006 to the bank

No application can be kept pending for more than 90 days

If there is delay in processing the application then disciplinary action u/s 10 of the said act can be taken against the erring officer who has been sitting with your file with no action thereon

 

Yusuf Rampurawala
Advocate, Mumbai
4673 Answers
28 Consultations

5.0 on 5.0

Issue notice to your area's Regional Provident Officer (RPO) and your Bank (marking a copy to RBI) from where you resigned annexing all the earlier communication demanding for payment of the amount.

In case if the same is not honoured you can file complaint before RBI (against bank) and also initiate criminal proceedings against RPO / BANK who ever is at default.

 

S Srinivasa Prasad
Advocate, Hyderabad
956 Answers
6 Consultations

5.0 on 5.0

You must be aware that the authorities generally dont respond to the email queries.

Hence instead of wasting your precious one year time by simply representing through emails alone, you could have made the demand in writing and sent the communication by registered post at least once which would have fetched you a positive response.

Even now it is not late, you can refer to your email correspondences in the past and send a legal demand notice demanding your PF dues to the branch office of your bank with a copy to the concerned controlling office of the branch and a copy to the corporate office through a lawyer.

Wait for a period of 15 days and then proceed with the money recovery suit agaisnt your branch office, this will make them to run to you with compromises and settlement.

T Kalaiselvan
Advocate, Vellore
58912 Answers
747 Consultations

5.0 on 5.0

- As per law, SBI is bound to return the provident fund within two months period of your resignation, on the request of withdraw by you. 

- Since, you have already applied for the refund of PF one year ago, then now you should send a legal notice for the same to the higher authority of the bank . 

- If, no response , then you can file your claim before the Labour commissioner under the Employees Provident Fund Act. 

Mohammed Shahzad
Advocate, Delhi
1078 Answers
19 Consultations

5.0 on 5.0

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