EPF-Employees Provident Fund, MY EPF withdrawal application is not being attested by the IT software company’s CFO - Pune.

[Asif]

Dear Friends,
I need a help with regards to my EPF related query below:

I was employed with one of the startup IT Software Company here in Pune, Kalyani Nagar area. I had worked for a year in this company and later I resigned due to personal as well as few reasons like, the company director's threatening type of behavior and nature to its employees.

After 3 months from resigning the company, I had applied for my EPF withdrawal directly to the EPF office as per the company’s instructions to me.

Later after waiting for a month I received one letter from EPFO stating that the form has been sent to my company for the attestation and validation. After another 1 months waiting I enquired with the EPFO whether the form has come back with attestation from my company.
They said it has not yet come, therefore I wrote an email to the company’s Director as well as CFO requesting them to sign and attest my EPF withdrawal form. On this they replied that there is some problem of Compliance going on between the company and the EPFO, due to this my EPF is on hold and therefore they assured me to solve this issue in a month’s time. After another 1 month I enquired with my company’s CFO, director and CEO, regarding the same, now they say that you need to fill another form just because I have done some mistakes.


But to the best of my knowledge, prior to this I had applied for the EPFO 1-2 times when I had left the past company’s and, this time I had taken help from the old specimen forms. I mean to say that, I had not done any mistakes while filling the form. I have confirmed from the EPFO that my form has no mistakes in it while fillling from my side, they just want attestation.


Due to this delay I myself met the Assistant Commission of EPFO for further clarifications. They said that the company has to send the attested form, and in my case I have nothing to do with the compliance issue or anything. As soon as the company authorizes my form, they are ready to do the further process.


After getting the clarifications from the EPFO office I once again approached my company. But here they are not responding now.

After going through all the physical hassles and metal harassment I have become helpless now. I don’t know why my company is not attesting the form since last 5 months and why it is giving me different excuses.

In this regards I would like to know what shall I do next.

1) Should I fill an RTI application to EPFO and get the facts?
2) Should I use the RTI facts to file a legal case against the company for physically and mentally harassing?
3) What is the best can I do to get the compensation, because the EPF amount was supposed to be used for my family member’s medical requirements and I didn’t get the money in time that’s why I had to borrow the money from others and now I need to pay them back?
4) Should I approach the media?


PS: I have not mentioned the company’s name here so is there any harm in mentioning the name of the company on you website?


Kindly help me out.

Thanks and Regards!
Asif
Pune.

[taurus]

If the employer refuses to sign the withdrawal form, it is well within the rights of EPFO to send one of its Enforcement Officers to the Establishment and get the form signed by the authorized signatory of the Establishment. You can ask the EPFO for such help which they would readily do.

[Asif]

Hi Taurus

Thanks for your comments.
I have already tried what you have said; the EPFO says that it’s the employee’s job to get the form attested from the company. In EPFO, the person in charge of our company's account is very arrogant and abusive and he didn’t even bothered to tell me what is the problem when I had been there with the letter sent to me by the EPFO, so that is the reason I met the Assistant Commissioner in the EPF office.
But the commissioner said we will wait till the form returns and now it’s almost 15days past.

Regards!
Asif

[taurus]

Normally it should not happen like that. It is not clear from your post whether the AC is the highest officer in that particular EPF office. If not you can approach the highest officer there. If the highest officer also refuses to oblige, then send a letter by Regd post asking them to get the form signed by the employer. If there is no response for that also within a reasonable time, then file petition under RTI asking for action taken on your application.

[taurus]

The following information is available in the EPFO website:

It 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 [para72(5)] 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

1. Manager of a bank.
2. By any gazetted officer.
3. Member of the Central Board of Trustees./ committee/ Regional Committee (Employees'
   Provident Fund Organization).
4. Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public.

[ravish]

So you mean to say, If company gets insolvent, then a person can directly apply for PF after getting it attested from any of above.

[taurus]

Yes. Insolvency is one of the contingencies when this procedure can be adopted.

[zen1]

Hi Taurus
Have you had any luck to recover your dues?
If yes please let me know the process as well...

[taurus]

Sorry. I never faced such a situation. But I have settled cases like this while I was working as Regional Provident Fund Commissioner of one of the biggest regions of the country! So I know that it will work. Try.
All the best.

[jin1988]

How I Find MY PF Number

[taurus]

You may please go through my blog on EPF. You will find the answer there for this query also.

[accessyash]

Answers to 2 questions from the above chain-
1) Yes, A Bank manager, Gazatted officer can sign the form in lieu of the Company signing the PF withdrawal form. I am facing such situation (trying to approach company over last 3 weeks with scores of tele calls with no results). EPFO would accept it without any objection (I hope).

2) PF A/c number is generally mentioned on your salary slip, tax computation statement which the employers gives monthly/ regularly.

[ambrish.p]

Originally Posted by jin1988

How I Find MY PF Number

Mr. Jignesh

Please see this thread:

PF details

Possibly this info will be of good help to you
Revert back if you still have any doubts, members will definately help you out .
regards