Employer's Obligation Under the EPF Act
In my view, if the employer is covered or coverable under the EPF Act, then the employer will not refund the amount because sooner or later, they have to deposit the same with the PF office. In such a situation, it is advisable to take up the matter with the RPFC only, who will recover the entire default amount first along with damages and up-to-date interest, and then settle the claims.
Steps to Take if the Company is Not Covered
In case the company is not covered under the Act but has deducted the PF, the employer is bound to refund. If there is a denial, file a case in the local court.
Regards,
Chandok A.K.
RPFC (Retd.)
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