How To Withdraw PF From Closed Company - CiteHR
Saswatabanerjee
Partner - Risk Management
Sushilkluthra@gmail.com
Consultant In Legal Matters
Sharat_a
Employee
+1 Other

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Hi,
I have worked in Hyderabad in a company from March 2005 to August 2006. After that I have worked in another company in Bangalore from August 2006 to June 2007. While joining in Bangalore, I have opted for transfer of PF from my Hyderabad account to Bangalore account. After that the Bangalore company has closed it's Indian operations.
When I was checking the same last month - i found that no one from the closed company is available and no authorised signatory is also not available. I know only my PF account number.
I do not know how to approach and whom to approach.
Please let me know how i can withdraw this PF amount as it contains 2 company's contribution from my side and the employer side?
Thanks
Sarath

If an employer exercises high handedness and refuses to sign form for withdrawal of PF or other dues under other labor laws, the legal way is to send the duly filled in form under registered letter to employer and thereafter send a representation to PIO regarding non signing of the form by employer. Thereafter make an application under RTI Act to the PIO of the concerned statutory authority asking for information about the steps taken by employer to sign the requisite form. The concerned PIO has right to obtain information under RTI Act since information can be sought from private agency if it is required to furnish information under the Act. Pl. See definition of information under section 2 of the Act. If still information is negated make an appeal under RTI Act. This process will avoid requesting third parties involvement. Even if sole proprietor of the firm has died or a company has been closed, the inspector of the concerned Act can approach the legal heirs of the proprietor or legal administrator or in case of company the court appointed liquidator who enter into the shoes of former owners, to sign the requisite form and in case of failure, to certify himself for processing further the claim.

Thanks

Sushil

This topic has been discussed number of times on the forum. It would have been nice if you had done a search. Look for "How to get PF when comoany is not signing"
Thanks for updating the information. But sadly in the post What we can do if employer is troubling in withdrawal of PF where one Mr. Ajay and other complained that they had to wait for 2 years for getting PF amount because of trouble by employer and others. When the new line of approach can be tried under RTI Act w H herein if a person fails to furnish information to PIO, penal action can be taken. Besides, for an ordinary person of badli or casual status, the higher level officials for attestation, cooperation is not generally visible. Moreover, now a days there is trend for doing self attestation. I have nothing to disagree with the past procedure recommended in earlier posts but kindly view the above discouraging incidents.
Regards
Sushil

Dear Banerjee,
Pl refer to definition of information under Section 2(f) wherein information can be sought from private bodies by public authority. There are penal provision for failure to give information by a person. See my earlier post on resignation problems.
Regards
Sushil

On the non existing the company, attest the Form 19 and 10C by the bank where your account is running, and submit the form to the regional office.
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