Labour Law & Hr Consultant
Bhartiya Akhil
Management Consultancy

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One of our employees who left the job and took his full and final 8/05/18 and written on receipt NOW NOTHING IS LEFT filed a complaint in 2020 with EPFO about the period of 2002 to 2008 - saying falsely that he was in service in this period and the employer has not deposited PF etc. Whereas he was not in service. Pf deptt desired records of that period whereas records of the old period are not available. How to handle it?
From India, Solan
As far as I know, no time limit has been prescribed under the EPF Act,1952 or Rules for preservation of records by the employer. At the same time, the employer cannot be reasonably expected to preserve all the pay-roll records forever either in physical or electronic form.

But, it is an indisputable fact that some of the employers employ people without any record for many years and somehow follow the practice of showing the date of entry into service as only the date from which onwards such employees were enrolled in the EPF. Better, Jitendar, for you to check it. If the employee is able to produce any document like gate pass or ID Card issued to him pertaining to any years from 2002 to 2008, you would be in trouble. Moreover, there is no mention about his date of entry in the post as per your records. No full-quit receipt can be a bar to nullify any financial claim pertaining to earlier years if supported by documentary evidence.

From India, Salem
Has your establishment been inspected by PF in the past, if they have inspected, produce the copy of inspection report which says you have made due compliance till such inspection. EPFO cannot go on doing postmortem of your compliances after completing the inspection. You can reply to EPFO stating the absence of records and asking them to seek from the ex-employee the proof of his employment as is claimed by him. Accordingly you can reply .
From India, Mumbai
Dear KK!HR Sir,
I have a different view here. In my view, you can not take a stand that the establishment once inspected by pf inspector, no complaint of any member or of anybody can be entertained. EPFO has to go ahead with doing postmortem of the compliance even after the inspection on complaint filled with prima facie evidences.

From India, Mumbai
Since there is no limitation prescribed in the PF Act 1952, that doesn't mean that the compliance can be raked up anytime. It has to be within reasonable time. Raising issue of compliance between 2002 to 2008 , now in 2020 is definitely stale and hit by latches on account of the inordinate delay. I agree with you on the point that the employee has to submit prima facie proof of what he is contending and the reasons for delay. EPFO has to apply its mind rather than simply doing the job of post office.
From India, Mumbai
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