Can I Withdraw My Provident Fund Without My Former Company's Consent?

I was working with Birla Sun Life as a Branch Manager. After leaving the organization, when I inquired about my PF withdrawal, I was informed by HR that the company has a recovery against me (which I believe is false).

Can I withdraw my PF without the consent of my company?

Withdrawing PF Without Employer Consent

A company cannot hold the PF of an employee unless he was dismissed from service for any serious misconduct. If the employer is not forwarding the PF withdrawal forms, you may send them (Form 19 and Form 10C) directly to the Regional/Sub-Regional Office of the Employees' Provident Fund Organisation after taking the signature of the Bank Manager (or any other authorized person like a Gazetted officer, MP/MLA, etc.) in the column meant for the employer. This is only an attestation of your signature, and the suitable person to attest is the Manager of the Bank named in the form to which your PF accumulations are to be transferred.

Please attach a canceled check (of the Account mentioned) along with the forms to facilitate electronic fund transfer by the PF Organisation.

Regards,
Madhu.T.K

In case the clerk insists on the employer's signature, please send the same through registered post with acknowledgment due to the PF office along with a request letter.

Regards,
Chakradhar Reddy.

In all such cases where the employer refuses to attest the claim form, the Claim Form can be accepted by the PF Authorities if the claim is preferred within one year of leaving the job, duly attested by any of the prescribed authorities in the claim form along with proof of the bank account, etc.

If the claim is preferred after one year of leaving, it is to be attested by the employer. If the employer refuses to attest the form, the claim form can be sent to the PF authority with the request to get the same attested through the area enforcement officer after giving reasons for refusal by the employer. The RPFC will have to get it done through the Area EO.

For any refusal, the employee can seek remedy through the Consumer COURT.

THE EMPLOYER CANNOT WITHHOLD P.F. ON THE GROUNDS OF SOME RECOVERY.

Regards,
Chandok, ex RPFC
[Phone Number Removed For Privacy Reasons]

I just checked with Birla Sun Life, and they have their own trust for managing the provident fund. There are 2-3 PF offices in Mumbai. Which regional office should I approach in this case for the withdrawal of my PF?

Dear BSLI employee, you need to approach the EPFO office where BSLife is registered. If you provide their registration number, any EPFO office can direct you to the relevant office. As BSLI has its own PF trust, the final payment will be disbursed by the BSLIF CPF Trust exclusively. The EPFO office can only provide guidance to the Trust on releasing the final payment.

Thank you.

Since the organization has a PF trust, if you are in the income tax bracket and your PF contribution is less than 5 years, income tax will be deducted from your PF. Therefore, you need to check with the employer about what kind of recovery they are going to make. Otherwise, they are not supposed to recover any amount without your consent.

Hope this will help you.

Regards,
Guru Kiran.

Please contact the Additional P.F. Commissioner for the WEST zone, located in Bandra East at Bhavishyanidhi Bhawan, with all relevant documents.

Regards,
Chandok

I contacted ICICI Bank here, and the manager says that they cannot sign the PF withdrawal form but are ready to provide me with a banker certification letter confirming my signature and details. Kindly let me know if it would suffice for the purpose.

Withdrawal of PF Forms

No, for effecting withdrawal, the forms should be signed by the Bank Manager in the PF forms (Form 19 and 10C) itself. The Bank Manager cannot say otherwise since it is a statutory form, and by virtue of EPF Schemes, he is one of the authorized signatories like an MP, MLA, Member of the Central Board of Trustees, or a gazetted officer.

It may happen that the manager of the bank who refused to sign the PF forms may not be on the rolls of the Bank (as it is with many of the clerical and other posts of the so-called private sector Bank). Alternatively, you can get the forms signed by a gazetted officer or others as mentioned above, or even think of opening a new bank account, preferably with a Nationalized Bank for this purpose.

Regards,
Madhu.T.K