Dear Seniors,
The concept behind getting the signature of the employer is that the claimant has left the organisation. Also, the PF department should know on hand about the past contributions deducted/made on behalf of such employers.
On the other hand, every employer is required to file annual returns of the deductions in March. Hence, for employees who have left long before, the contributions must have been filed and it will not be a difficult task for the department to find the balance available.
Also, think of a position where many companies are closed. In such cases, where can an employee go to get the signture (Probably if it is chit fund, he can try his luck in jails!!)
So logically, the department can not hold your claim for lack of employer's signature. I do not think that we need any settled legal position for this. If the department is refusing to accept the claim in spite of any mention in the individuals application to the effect that the employer is refusing to sign/employer is no more existing, then it is a gross violation by the department. If the employer is live, then the department can call for the explanation from the employer as the statutory payments can not be withheld at any cost.
Krishnaraj P R
9840355204