Anonymous
1

In a case, the Honorable RPFC passed an order under Section 7-A and decided the eligibility from the back date. The employer was asked to submit Form 3-A from the back date. While preparing Form 3-A, the employer reduced wages just to minimize the penalty and our EPF accumulation. The matter was reported to the Regional Provident Fund Commissioner. A high-level team comprising the Assistant Provident Fund Commissioner, Accounts Officer, and two EOs was formed on the order of RPFC. The committee personally verified all records at the employer's place and found the complaint to be correct. They prepared month-wise details of wages (Basic + DA) and had them verified by each of the complainants and the employer. The employer verified the details and certified that all details were correct.

The committee presented the report to the RPFC, confirming the correctness of the complaint, and recommended initiating a fresh 7-A enquiry to determine the dues. The employer was asked to submit a fresh 3-A showing the difference in salary.

From November 2012 until now, the APFC has been giving adjournments in the case. Despite several letters written by us, the complainants, to the RPFC and APFC, stating, "Determination of Dues needs no other documents and reply from employer as well as from complainants. And dues can be determined on the basis of data already obtained by the office and confirmed and verified by both parties i.e. us and the employer. So inordinate delay cannot be justified," no decision has been made. We have requested a decision based on the existing data.

The APFC appears to be deliberately delaying the matter. Since November, no fresh records have been taken on record, and there have been no demands for additional records from either party.

Please Guide Us on the Following:

1. How can we expedite the decision and to which authority can we file a complaint for the inordinate and willful delay by APFC?

2. The matter has been reported to RPFC several times, but no action has been taken to date.

3. All records required for the determination of dues are available. How can we request an immediate decision as many letters to APFC and RPFC have proved futile?

Your advice will provide us with relief as we believe the willful delay is working against us.

Thank you for your patient reading and consideration.

From India, Ludhiana
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Since the matter is pending for a decision at the APFC's office, we do not have any other option but to wait for the order to come. At the same time, we can present the matter before the RPFC when an open forum is held. An open forum, such as PF Adalat, is usually held every month to address all pending issues, and in such adalats, we can present our grievances.

Regards,
Madhu.T.K

From India, Kannur
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