Struggling with PF Transfer and Unpaid Dues: How Can I Resolve Issues with My Former Employer?

Hi, if anybody can help me sort out my PF issue. From 21st January 2007 till 3rd August 2007, I was working with a company called Brainmatics, a division of CTR Mfg. Ind. Ltd. During this tenure, CTR was financing Brainmatics to pay the employees' salaries and to purchase inventory, etc. Brainmatics and CTR had a dispute in August 2007. We received transfer letters from Mumbai to Aurangabad. As employees, we refused that and submitted resignation letters.

We received our salaries till 31st July 2007, but not for August 2007, our medical benefits, LTA, and PF are still under dispute with the company. According to legal terms, CTR deducted my PF of 900 during this period. However, due to their internal dispute with directors Awadhesh Kumar, Rishikesh Sapre, Gaurav Nagori, and Vivek Singal, they are withholding our salaries, PF, settlements, etc.

I worked with Brainmatics until February 2008 and recently joined HDFC SLIC. In March 2008, I wrote a letter to CTR to transfer my PF and requested my EPF account number, but they are refusing directly. They want me to send the PF transfer form to them, and they will handle the transfer formalities. However, my current employer is unwilling to sign the PF transfer form without certain information, such as my last working day and EPF account number, as my settlement is pending.

Our past directors, Awadhesh Kumar, Rishikesh Sapre, Gaurav Nagori, and Vivek Singal, are uncooperative and not interested in assisting us, urging us to coordinate directly with CTR, which is unresponsive. CTR is also refusing to allow me to withdraw the PF, claiming it goes against PF law. In my current company, we only have PF and no pension fund. In that case, what are the conditions for withdrawing PF?

Can anybody help me fight with the employer? I submitted my medical bills for reimbursement in June 2007 to CTR, but they informed me that they are unable to trace it, requesting me to resend the bills. Please advise. I need expert advice on the above issues.

Regards,
Jayshree

Dear Jayshree,

Your statement is confusing. Please clarify the same. On one side, you are saying that you have worked till August 2007, and on the other side, you are saying you have worked till February 2008. Which is correct?

Nevertheless, it is unethical on the part of the company to behave like this because why should the employee suffer when it is a matter between the company. There are no other legal terms and conditions about PF; once you become a member of PF, it is legally binding on the company to deposit the PF under the PF Act.

Your present employer is correct in not signing the PF transfer form because it is a mandatory requirement to mention the previous employer's PF number from which the PF accumulation has to be transferred to the new current account. It is only the current employer who can get that form filled and processed, not the previous employer. Hence, you have to obtain the PF number from the previous employer at any cost. Only then can you fill out the PF transfer form. If they are not obliging, then it means there is some serious discrepancy in depositing the PF.

As suggested by Mr. Verma, please get the previous PF A/C No and date of relieving and send the Form 13 to transfer your account through your present employer. Don't you have a Pension Fund with the present employer? How is it possible? If you are covered by PF, you are automatically covered by the Pension scheme as well. The employer's contribution to the tune of 8.33 is supposed to be deposited in the pension fund only. Please check it up.

Regards,
Madhu T.K

Dear Mr. Verma,

Thank you for your feedback. Let me solve your confusion regarding working in CTR. From 21st January till 3rd August 2007, I was working with BrainMatics (A division of CTR). During this period, CTR was paying our salary and deducting PF amount. I have a salary slip, but no PF number is mentioned on it. On 3rd August, we resigned due to a director's dispute and joined Brainmatics Solutions Pvt Ltd. till 11th February 2008. (Salary was paid by BM, no PF was allotted as employees were less than 20).

I agree that as per the law, none of the companies can hold PF. However, at present, they are doing so and not providing me with information or allowing either withdrawal or transfer of PF. For both conditions, I need to know a few details like the date of leaving service, address, PF number, etc., which CTR is not clarifying. I can't forward the form with incomplete information. Whom should I contact to resolve this issue or should I forget about the money?

Regards,
Jayshree