How do I get information about my EPF from private airlines.

[rajsar82]

Hi folks,
My last employer (a private airline), is stonewalling parting with my EPF & Gratuity Dues, and my present employer ( another private airline ) is deducting it's own contribution, from MY salary. How do I go about showing them the error of their ways and more importantly getting my dues back?

[ganpat1956]

Hi rajsar,

EPF accounts are generally of two types--those that are maintained by the employers themselves where there are more than 100 persons working in an establishment(upon a separate requisition to this effect) or those that are remitted to the respective EPF authorities.

From your query, I am unable to make out under which type your PF account was/is maintained. However I presume that, the accounts are maintained by the respective employers themselves.. In that case they have to file monthly returns to the PF commisisoner holding the jurisdiction over your employment.

Regarding the case of your present employment, Section 31 of the EPF Scheme of 1952 specifically states : "Notwithstanding any contract to the contrary the employer shall not be entitled to deduct the employer's contribution from the wage of a member or otherwise to recover it from him."

Based on this, the Association / Union functioning in your organisation can remind your employer that what they are doing will attract the penal provisions of the law and make a demand for repayment of such illegal deductions.

As regards your previous employment, you have to make a claim on your employer for payment of your accumulated PF besides calling for a statement of your acount. This you can do by sending a letter under Regd. AD.

[rajsar82]

thanx Ganpat,
Can you also throw some light on the "penal provisions of the law" that the Employer could attract?

[ganpat1956]

Strictly these are not matters under RTI. I don't want this forum to be converted into a discussion on labour enactments. However I will send you a separate message or mail on your requirements. But please give me atleast 24 hours because right now I am feeling sleepy and I have got a busy schedule tomorrow.