Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
+3 Others

I worked on a public sector bank. I have retired during my suspension period of which domestic inquiry is going on. I have retired from my service at the age of 6o years. Can i able to get my epf benefits and monthly pension in this period of my retirement.
From India

The employer cannot block PF withdrawal.They can delay payment of your contribution or forwarding of of Form 19 and 10 D.Form 19 can be got signed by other authorized persons mentioned in Form 19.But it is not possible for form 10 D.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Thanks Mr. Mathew
I just want to know , I heard about a ruling from supreme court of india that a employer can't delay the final settlement for a retired person. My employer told me that till the domestic inquiry is not over you are not retired yet so the final settlement of epf is not possible and pension will not be provided by epf. Now tell me what i can do. Should i wait till the inquiry is over??
From India
You can submit Form 19.But what if your full contribution is not remitted.?All that they can do is to delay the settlement.At the end of enquiry you may be reinstated or at the most be given the punishment of dismissal.They may not be paying your contribution during the suspension period.If you are reinstated they will pay it later.Then you can file another form 19.The nonpayment of contribution will affect your pension rate also.Even if you are terminated you will get EPF and pension.
Varghese Mathew
From India, Thiruvananthapuram
In addition, I think its an offense if they are not paying PF contribution during the Suspension Period.
Since the applications are now online, you do not need approval or signature of any person for filing the application to get your PF money and pension. Go ahead and do it. If they have not paid the contribution amount for a part of the period, the department will initiate action.
However you need to follow up with the department, preferably by personal visit
From India, Mumbai
Thank you all for your replies. The contribution is done from the employer . They are not releasing the epf or pension as they say that you can't retire during suspension period. So no question about pension. Is it that way? One more thing heard about a ruling from supreme court regarding employer can't block epf benefits in any circumstances to a employee. Can you give me any reference to that?
Thank you
From India
You are again missing the point here.
It's immaterial what your employer says.
File the forms online with the pf website. You no longer need the signature of the employer to withdraw the money.
If they get rejected, you need to go and speak to the pf department.
When that has not yet happened,why are you so bothered about a Supreme Court decision ?

From India, Mumbai
Since you are telling that they are not 'releasing' the EPF or Pension, I have a doubt whether it is an exempted establishment under the EPF and EPS. However, even if they are so, they cannot block the settlement of both. EPF is your saving. It cannot even be attached by order of a court. So, no one has any hold on your saving. If someone is wantedly not releasing the payment you can prefer a complaint to the PF Commissioner concerned. He can interfere and release payment.
From India, Madras
Legally, no employer can attach PF & Gratuity amount, payable to an employee.
You can lodge a complaint against your employer with PF authorities. By checking the PF website,
you can also come to know the PF balance.
Thanks
R K Nair
From India, Aizawl


No enquiry proceedings could be conducted after retirement of employee. Anyway what is the age of retirement as per terms of your appointment letter. If you have already crossed the age of retirement the company management can never insist you to continue your job any longer. The company should have completed the enquiry proceeding before date of your retirement or they should have extended your service period. In my opinion you are at liberty to refuse to participate in enquirey proceedings.In the present matter since you have alreay crossed the date of retirment the company can not insist you to continue your job any longer. Similiarly you are not bound with outcome of so called inquiry proceeding. you may refuse to participate.

As for as PF dues are concerned you may contact Provident Commissioner sign an affidavit stating that you have retired as per terms of your appointment and demand settlement of your PF dues from PF authorities. As per Supreme Court rulling nobody can withheld your dues. The PF is not attachable as per provisions of CIVIL PROCEDURE CODE ( SEC 60).




From India, Pune
Dear Saswata ji,
I regret once again to point out what you say is not correct.
First of all, EPFO has not yet launched PF withdrawal online, to my knowledge.
The online PF withdrawal will be processed by EPFO on the basis of approval by employer digitally signed.
From India, Mumbai
EPF is protected from attachment, not by the Civil Procedure Code,but by Sec 10 of the EPF Act.1952 Varghese Mathew
From India, Thiruvananthapuram
Dear All,
Age of retirement for pension is 58. The queriest was entitled for pension on completion of his age 58 i.e. two years back.
The queriest needs to ensure first that his pension form is not submitted earlier. If not submitted, he should approach his employer with an application duly filled in and signed. If employer refuses to process it, he should make written complaint to RPFC.
From India, Mumbai
Thank you for your reply. I have also gone through the epf act 1952 sec 10 and Civil porcedure code. Previously i have send them a letter foe requesting release of my fund to my employer. They partially rejected it There reply is "You can withdraw your contribution only from the fund by applying through Form 31" , This is a contributory provident fund. They have also not mentioned anything about pension as they said your service is extended even i cross my retirement age of 60 as the enquiry is going on. Kindly guide me, What i can do now? Should i drop another letter to my employer quoting the civil code and EPF act clause or get in touch with PF commissioner. Also is this EPF Act is valid on Contributory provident fund.
From India
Thank you for your reply. I have send them a letter before getting into the epf act , A letter requesting to release the fund. They replied me to Withdraw my contribution , there reply is "You can withdraw your contribution by applying through Form 31" . I need to mention here that this is a Contributory Provident Fund not a EPF . Is it under Epf Act 1952? Because i want to quote the Epf act Section 10 in my next letter to my employer .
From India
I assume you work for a PSU or government department.
They are not covered by EPF but by a different set of laws.
I would suggest you first apply with form 31 and get the PF part out.
Then you should hire a lawyer to see how you can take up the matter of delayed closure of the enquiry,which court or tribunal will see it and whether it can be quashed in any ground.

From India, Mumbai
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