I had joined company A(I am not disclosing) in 2001 and worked for 4 years. So I Was having PF Account AP2000(e.x) and I left the company in 2004 and I gave request for PF withdrawal and got settled.
I again joined the same company in 2005 and worked till 2007 and during this time instead of assigning different PF no they assigned me the same PF Account .i.e AP2000.
I have submitted the PF withdrawal soon after I left company, my PF form was kept rejecting and I was never told the reason.
So It\'s been 3 years since my PF account got deactivated and I am not getting any interest in this.
So This is my mistake, I would like to know If I Can take any legal action on the company.
From India, Bangalore
I again joined the same company in 2005 and worked till 2007 and during this time instead of assigning different PF no they assigned me the same PF Account .i.e AP2000.
I have submitted the PF withdrawal soon after I left company, my PF form was kept rejecting and I was never told the reason.
So It\'s been 3 years since my PF account got deactivated and I am not getting any interest in this.
So This is my mistake, I would like to know If I Can take any legal action on the company.
From India, Bangalore
Dear Joshi,
You can surely file a case against your employer. It is statutory obligation of employer to timely deposit the PF amount of its employee with the P.F department and the P.F department is also under obligation to get ensured the compliance of the same from employer. In case, the employer fails to comply to make deposit of contribution, the employee has a right to make complaint to the concerned office of the provident fund department and on receiving of complaint, the department is bound take action under Section 7A of the Act for recovering the amount from employer and also for initiating criminal action for embezzlement of amount. In case, the department is fail to take any action, the employee/employees can file writ of mandamus in the Hon'ble High Court seeking direction to command the department to get compliance of the Act from employers.
Thanks & Regards,
Srilakshmi Korukonda
From India, Hyderabad
28You can surely file a case against your employer. It is statutory obligation of employer to timely deposit the PF amount of its employee with the P.F department and the P.F department is also under obligation to get ensured the compliance of the same from employer. In case, the employer fails to comply to make deposit of contribution, the employee has a right to make complaint to the concerned office of the provident fund department and on receiving of complaint, the department is bound take action under Section 7A of the Act for recovering the amount from employer and also for initiating criminal action for embezzlement of amount. In case, the department is fail to take any action, the employee/employees can file writ of mandamus in the Hon'ble High Court seeking direction to command the department to get compliance of the Act from employers.
Thanks & Regards,
Srilakshmi Korukonda
From India, Hyderabad
Dear Srilakshmi,
Thank you but I am not sure in my case if the employer has contributed but the issue is PF department is raising concern that same PF no is being used which is already settled and also PF department has made by PF account as Inactive and I am not paid any interest on the existing PF amount. So is there anyway I can claim this amount by Employer because it is certainly Employer mistake to assign same PF no which is already closed.
From India, Bangalore
Thank you but I am not sure in my case if the employer has contributed but the issue is PF department is raising concern that same PF no is being used which is already settled and also PF department has made by PF account as Inactive and I am not paid any interest on the existing PF amount. So is there anyway I can claim this amount by Employer because it is certainly Employer mistake to assign same PF no which is already closed.
From India, Bangalore
Hi,
I just wanted to know because of the PF Account issue and my PF withdrawal/transfer forms kept on rejecting. during this time, my PF forms have gone into inactive mode and I am not getting any interest on this. but please tell me now, Who will pay me the interest for the 3 years.
From India, Bangalore
I just wanted to know because of the PF Account issue and my PF withdrawal/transfer forms kept on rejecting. during this time, my PF forms have gone into inactive mode and I am not getting any interest on this. but please tell me now, Who will pay me the interest for the 3 years.
From India, Bangalore
Hi, I am working in a reputed automation company in Pune. I have joined this company 1.5 years back. After joining this company I have applied to transfer my PF account from my old company (that is in Kandla, Gujarat -- PF office is in Rajkot). After 2 months I have received a letter from PF office Rajkot saying that the transfer of PF account is rejected. Reason behind this rejecting was “MEMBER NAMEs DIFFER”. As per their record the PF number which was entered by me is pertaining to some other employee in same company. I have verified the PF number and I found that I had entered the correct PF number only (which was given by my old company & also it was appearing on my each Pay slip). I have contacted the HR of my old company. He checked his record and found that the PF number which was given by them to me is of other employee in the same company. He told me that there is a mistake by there consultant in assigning PF number which were obtained by PF office- Rajkot to me and other employee. He told me that they will do the correction in assigning the PF number in PF office-Rajkot through there consultant. It will take 2-3 months. After this I have to again apply for transfer of PF account.
It is now more than 1 year, but the issue is not yet resolved. I am regularly following with them but they are saying that dalay is from PF office- Rajkot.
Can you please let me know what kind of process normally needs to follow in such kind of issues? How much time normally requires resolving such kind of issues? Who is completely responsible for such kind of issue --- company, PF office or employees? If my old company is taking such kind of long time then is there any legal way to resolve this?
From India, Bangalore
It is now more than 1 year, but the issue is not yet resolved. I am regularly following with them but they are saying that dalay is from PF office- Rajkot.
Can you please let me know what kind of process normally needs to follow in such kind of issues? How much time normally requires resolving such kind of issues? Who is completely responsible for such kind of issue --- company, PF office or employees? If my old company is taking such kind of long time then is there any legal way to resolve this?
From India, Bangalore
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Revised online process for issue of PF code from 1.12.2015.pdf