Left My Job and Now Facing a Non-Compete Dispute: Can I Still Withdraw My PF?

Dear All,

My question is, I left X company in 2009 by giving resignation. However, after resigning, that company replied that I have breached the agreement of not joining any competitor company. They are asking me to pay all expenses of training and six months' basic salary as per the breach of agreement condition. Additionally, they have not responded to my PF withdrawal forms 19 and 10c until now. The amount to be paid is substantial, so I have not responded to them.

Can anybody tell me if, in this case, the PF Office will respond to or consider my request for PF withdrawal (attested by a gazetted officer)? Or is it a governmental matter where nobody cares?

Regards,
Atul

You can obtain Form 19 and 10C by downloading them from the internet. Complete the forms and submit them, duly attested by any gazetted officer, to the concerned RPFC/PFO for the withdrawal of your PF money.

Dear Atul,

Under no circumstances is there any justification to deny an employee their PF. I would like to reference Section 10 of the EPF & MP Act 1952 as follows:

"10. Protection against attachment.-

(1) The amount standing to the credit of any member in the Fund [or of any exempted employee in a provident fund] shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member [or the exempted employee], and neither the official assignee appointed under the Presidency-towns Insolvency Act, 1909 (3 of 1909), nor any receiver appointed under the Provincial Insolvency Act, 1920 (5 of 1920), shall be entitled to, or have any claim on, any such amount.

(2) Any amount standing to the credit of a member in the Fund or of an exempted employee in a provident fund at the time of his death and payable to his nominee under the Scheme or the rules of the provident fund shall, subject to any deduction authorized by the said Scheme or rules, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member of the exempted employee [and shall also not be liable to attachment under any decree or order of any court.]

(3) The provisions of sub-section (1) and sub-section (2) shall, so far as may be, apply in relation to the family pension or any other amount payable under the Family Pension Scheme [and also in relation to any amount payable under the Insurance Scheme] as they apply in relation to any amount payable out of the Fund."

Abbas.P.S

Dear Sir,

I want to know my employee's EPF status. He already submitted PF Form 10C & 19 along with Form 3A on September 16th, 2010. However, he has not yet received any status update.

EPF Account Number: KN/BN/35204/315.

Please find attached the acknowledgment copy.

With Regards,
Pushpa
HR Executive