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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.
7th April 2014 From India

Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
+4 Others

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
7th April 2014 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??
7th April 2014 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
7th April 2014 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
7th April 2014 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
7th April 2014 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 ?

7th April 2014 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.
8th April 2014 From India, Madras
rkn61 124
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
9th April 2014 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).




10th April 2014 From India, Pune

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