Stand taken by department is not correct, proof of payments into salary account, appointment letter, relieving letter, deductions towards ESI, if applicable are sufficient proof of employment. You can again approach High Court against the stand taken by department.
How to prove experience even if PF was not deducted?
Dear Sirs, I am an Electrical Engineer working in Government PSU now. I was working in a private organisation in 2010. After that I secured an appointment as Assistant Engineer in my current organisation. In 2014 I got promoted to DyEE. In mid 2014, Direct Recruitment drive was held for upper posts i.e. for Additional Executive Engineer. I again secured appointment by clearing all the stages as Departmental Candidate and joined my duties in Feb 2015 with other 55 candidates. After that some common complaints were made by other non selected candidates that the selected candidates are having fake experiences. On the basis of that our company HR and Vigilance made an enquiry directly with our previous private companies. Our HR demanded all the records like Attendance, Appointment letters PF details, PT details etc through letter only. My previous employer confirmed my employment with them. After that I got show cause notice as why not remove you from the post of Additional Executive Engineer? As per HR they said your previous employer gave only confirmation but not any documents which shows your employment with them. I explained with the evidence like Bank account statement, Salary slips, Appointment letter etc. But further no departmental enquiry was conducted as we were continuing service for just 1.5 year and in May 2016, they removed me along with other 35 candidates from the Addl.EE post and posted on my previous post that is Dy.EE. After that I with other 4 candidates aggrieved with the decision and filed W.P. at Bombay HC. Hon. The High Court gave a decision that the action taken by the organisation is correct but still the organisation must give an opportunity to listen to candidates hence they must conduct a personal hearing. During my personal hearing which was conducted by CGM-HR I presented all my documents like Bank account statement, Salary slips, Appointment letter etc. But unfortunately, they kept the same decision. Now, we all are facing departmental enquiry. In my DE, I presented my witness from my previous company who gave statements on my side. Witness from the previous Company already confirmed my employment in a previous vigilance enquiry and also during the DE he again confirmed my appointment with them. But one thing is that my PF with the company was not deducted, I was working with the company in 2006-07. Salary was 6,500/- (Basic + Allowances). Hence, that time the previous company gave me the option to not deduct my PF as I wanted more take home salary. But I have salary credit details in my bank account during my period. But still my current HR is raising that no PF means no relation with the employer. I just want to know that even if I have Bank account statement of my salary, is this not sufficient to prove my experience? Is it true that during 2006-07 PF deduction was not mandatory for salaries above 6,500/-? How to prove my experience with the previous Company? Kindly suggest.
Asked 3 years ago in Labour
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7 Answers
your appointment letter , bank statement , salary certificates are sufficient to prove your previous employment
The PF is not the only substantial evidence to prove your previous employment.
The appointment letter, employment offer letter, relieving letter, copy of the resignation letter, copy of the bank statement confirming the salary which was credited regularly every month directly by the employer to your bank account, the experience certificate would all prove your previous employment.
If the HR is still not recognizing the same, then you may have to file review petition before a larger bench of the same high court seeking its intervention based on the wrong and predetermined approach of the HR who main intention is only to reject your candidature.
You can discuss with your advocate and proceed as suggested.
Hello Sirs, Thank you so much for answering and clearing my doubts. Currently my defence is pending in my Departmental Enquiry. After that I will wait for the Decision. If their decision is still negative I will surely approach High Court. Mean while is there any judgement regarding the PF not deducted but experience is considered by any of the bench in India or any similar matter? So that I will present in my Departmental enquiry and I may get positive result. Please help in this regard. Thank you...
Asked 3 years ago
non deduction of Provident fund does not imply that you were not an employee . you have salry certifcates , other supoporting documents to prove you were an employee of the organisation
The PF deductions has nothing to do with employment.
If the company has not deducted the PF from the salary of the employee then it cannot be construed that the employee was not working in that organisation.
The other proofs namely the salary slip and bank statement for salary remittance every month, the attendance register, the reliving and experience letter are substantial proofs, which cannot be ignored by the HR at its whims.
If the HR is still rejecting the claim and not reverting in its decision neither it is not willing to apply its mind, then you have no option than to approach high court once again for relief and remedy before the divisional bench.
There is no connection between pf and experience. You can deal them separately. Experience with certificate and pf as per it's deduction
Dear Client,
You can approach the High Court if you are not satisfied with the departmental inquiry. I am unable to recall such case law. Hope you get justice.
Thank You
