Psdhingra
Legal Analyst, Hrm
Kamalkantps
Advocate
[email protected]
Legal, Legal, Legal
+1 Other

Dear HRs,

In my organization, there was an employee who was problematic always with the HR and management. He resigned last year then he himself applied for PF claim by affixing the employer sign by his own with seal...it was a forgery.The forms were rejected and sent back to company by pf office due to the mismatch of employer signature ( he was not able to put the authorized signatory sign exactly but drawn in some extend). Once we got the forms only we came to know that he has did the same.

(He did not know the rejection forms were sent to the company) Second time he came to the organization to get employer signature in a new claim form. We caught him and told him that until and unless he give an explanation with apology letter for the misbehavior which he did in the first claim form, we will not process his pf any more from our side. That time also he criticized the management and left without doing anything.

Now he applied for pf again with the sign of gazetted officer and we have received his claim form from pf stating to affix employer sign as per the EPF scheme and send back to the RPF office within 7 days. We checked with section officers in RPF office. They told that we cannot refuse and we need to send it soon as per the act...

Could you pls advice in this case what are effects will happen if employer does not sign and send them back.

The forgery papers are still with us! If he escapes from the pf claim in any case, what are the legal action can be imitated from the company by using the forgery papers.

Thank you!

Raja

From India, Madras
Dear Mr. Raja,
The ain't no action that can be taken as PF claim if not authorised by the employer, he/she can get it signed and attested by any of the gazetted offier/ magistrate/ tasildar/ bank manager of the savings bank account which can be directly sent to the Regional PF office for the withdrawal.
In contrast to your point raised againt "Legal Action" for forging, alarmed in case if employer likes to get hold of the details of the concerned employee. Legal advice to be offcially obtained from advocate regarding the "How-about" procedure to handle the said employee.Since the documents are of proof, he is accountable to retort on such depraved action which is not only unethical but also showing non-integrity to the employer.

From India, Visakhapatnam
Dear Raja,
As rightly said by Sharmila no action can be taken against him. It is the right of an employee to get his PF Claim settled. It is eventually his money mind it. He might be in hurry of filing of his PF claim have forged the signatures. Though by no angle such forgery may be termed right. However, i am sorry to suggest that you sign his form and send the same back to PF authorities ASAP.

From India, New Delhi
I agree with Mr Kamal Tyagi, you have to pay him his PF dues. However, having said the Company has to take lot of precautions before processing his papers though !

Any forgerycan be termed as a " criminal case" , under the Indian Penal Code ....this person who has resigned from the Co and forging the signatures of the Co official , can go to any extent of forging a salary certificate or appreciation / service letter or even forging a Co account / cheque ...! Or infact , lot of fradulant cases of job promises on behalf of the Company is happening in the electronic media / internet these days and hence please insist on a written apology fro him, if he refuses , pl do lodge an FIR with the local police !

This will bring about a strong case against the person , this is not harrassment , but a safegaurd for the Company. Do consult your legal dept too, a written apology is a must, only then process the papers. Simultaneously please do inform the concerend PF Commissioner of the same, as they might not be aware of the same .....this person can also go to an extent of forging the signature of the PF Commissioner too...sorry ...I am just thinking wild !....... as this person can do a major fraud in the new Company he joins.......you may even go to an extent of advertising in the leading newspapers with his photo incase he refuses to given a written apology !

Again pl do take a legal opinion too .......but do inform all concerend parties w/o fail , before disbursing the Pf amount !Do all ypur documentations right.....otherwise you would be blamed by the Organisation , during any internal audit !

Take Care

Santosh Minz

From India, Mumbai
Raja,
Finaly .......please do officially inform your Head HR & the Managing Director and take their official approcal in writting before clearing his PF dues !
If they do not approve in writing , please do not proceed ! Safegaurd yourself please !
Santosh Minz

From India, Mumbai
No direct action is justified on your part on an ex-employee unless some provision is made in the Certified Standing Orders/ Conduct & Disciplines Rules for the employees.
About PF, you cannot withhold the PF claim of the employee with any reason whatsoever. If the employer refuses to sign, he can get the form countersigned/attested by not only Gazetted Officer, but also from his banker.
However, you have the choice of filing a criminal case in the court of law for forgery of employer's signature. nothing more. Any punishment depends upon court judgment.

From India, Delhi
Dear Sir,
If you can able to prove in the court of law that he had signed the signature of authorised signature of the Company, you can book a police case of forgery against him.
D.Gurumurthy
HR & IR Consultant, Hyderabad

From India, Hyderabad
Dear Danial Raja,
May I know , why no action was taken by Authorized signatory against concerned who has forged his signature ?. Company is run by its managers and those who authorized person to take responsibility to avoid meeting such situation.

From India, Bangalore
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