Struggling to Retrieve My PF: How Can I Get My Ex-Employer to Release My Funds?

Hi all,

I was working with a BPO for 2 years, joining date 05/05/05, and had to resign on 01/06/07 without notice period as my father was on his deathbed, and they were not allowing me to take a leave. Additionally, I had a severe medical condition due to mental tension, and I could not work for a year. I have all the proofs including medical bills, CT scans, X-rays, and MRI reports. I was in dire straits as I had no money to cover my medical expenses, so I applied for my PF withdrawal in Oct 07.

When I went to my ex-employers to get the form signed, they refused to sign it and even declined to provide my Form 16. I then had it signed by my bank branch manager and submitted a handwritten application to demonstrate that my ex-employers were not cooperating. However, when I submitted the application to the PF personnel, they stated that it was not required as per policy.

The very next day, I received a call from the finance department of my ex-employer informing me that they would not sign the PF withdrawal form when it is sent by the PF department for verification. They mentioned that they had found out about my withdrawal request the day after I applied for it. It has been a year and three months now, and my PF amount is still with my ex-employer. They are insisting that I pay my full and final amount before they sign the form, which is exactly the same as my PF amount.

I am considering taking legal action against them as I want my hard-earned money back. I am reaching out to seek advice on how I can retrieve my PF amount so that I can continue with my medical treatment.

PLEASE HELP

Dear,

If your employer is not signing your PF form, then you can deposit directly to PF authorities with a letter stating that your employer is not attesting it. You can directly meet the Regional Provident Fund Commissioner.

As per section 72(5) d of the Employee Provident Fund Scheme, if the applicant is unable to send a claim application through the employer or have it duly attested by him, for any reason whatsoever, he may forward it to the commissioner or any other officer authorized by him in this regard. Where necessary, the commissioner or any other authorized officer may forward such application to the employer, who shall return it within five days of receiving it.

So, dear, they have to sign your PF form. Regarding your full and final settlement, send a legal notice; otherwise, file a case under the Payment of Wages Act with the labor department.

Thank you,
J S Malik