Retired During Suspension: Can I Still Access My EPF and Pension Benefits?

I worked in a public sector bank and retired during my suspension period while a domestic inquiry was in progress. I retired from my service at the age of 60. Can I receive my EPF benefits and monthly pension during this retirement period?

PF Withdrawal and Employer's Role

The employer cannot block PF withdrawal. They can delay the payment of your contribution or the forwarding of Form 19 and 10 D. Form 19 can be signed by other authorized persons mentioned in Form 19. However, it is not possible for Form 10 D.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

Thanks, Mr. Mathew. I just want to know, I heard about a ruling from the Supreme Court of India that an employer can't delay the final settlement for a retired person. My employer told me that until the domestic inquiry is not over, you are not retired yet, so the final settlement of EPF is not possible, and the pension will not be provided by EPF. Now tell me what I can do. Should I wait until the inquiry is over?

You can submit Form 19. But what if your full contribution is not remitted? All that they can do is delay the settlement. At the end of the inquiry, you may be reinstated or, at most, given the punishment of dismissal. They may not be paying your contribution during the suspension period. If you are reinstated, they will pay it later. Then you can file another Form 19. The non-payment of contribution will affect your pension rate also. Even if you are terminated, you will get EPF and pension.

Regards,
Varghese Mathew

In addition, I think it's an offense if they are not paying PF contribution during the suspension period.

Since the applications are now online, you do not need the approval or signature of any person to file the application to receive your PF money and pension. Go ahead and do it. If they have not paid the contribution amount for a part of the period, the department will initiate action. However, you need to follow up with the department, preferably by a personal visit.

Thank you all for your replies. The contribution is done from the employer. They are not releasing the EPF or pension as they say that you can't retire during the suspension period. So, no question about the pension. Is it that way?

Supreme Court Ruling on EPF Benefits

One more thing, I heard about a ruling from the Supreme Court regarding the employer can't block EPF benefits in any circumstances for an employee. Can you give me any reference to that?

Thank you

You are again missing the point here. It's immaterial what your employer says. File the forms online with the PF website. You no longer need the signature of the employer to withdraw the money. If they get rejected, you need to go and speak to the PF department. When that has not yet happened, why are you so bothered about a Supreme Court decision?

Since you are stating that they are not 'releasing' the EPF or Pension, I have a doubt whether it is an exempted establishment under the EPF and EPS. However, even if they are, they cannot block the settlement of both. EPF is your savings. It cannot even be attached by order of a court. So, no one has any hold on your savings. If someone is intentionally not releasing the payment, you can file a complaint to the PF Commissioner concerned. He can intervene and release the payment.

Legal Rights Regarding PF and Gratuity

Legally, no employer can attach PF and Gratuity amounts payable to an employee. You can lodge a complaint against your employer with PF authorities. By checking the PF website, you can also come to know the PF balance.

Thanks,
R K Nair

Retirement and Inquiry Proceedings

No enquiry proceedings can be conducted after the retirement of an employee. What is the age of retirement as per the terms of your appointment letter? If you have already crossed the age of retirement, the company management cannot insist you continue your job any longer. The company should have completed the enquiry proceedings before the date of your retirement or should have extended your service period. In my opinion, you are at liberty to refuse to participate in enquiry proceedings.

In the present matter, since you have already crossed the date of retirement, the company cannot insist you continue your job any longer. Similarly, you are not bound by the outcome of the so-called inquiry proceeding; you may refuse to participate.

Regarding PF Dues

As for PF dues, you may contact the Provident Commissioner, sign an affidavit stating that you have retired as per the terms of your appointment, and demand settlement of your PF dues from PF authorities. As per the Supreme Court ruling, nobody can withhold your dues. The PF is not attachable as per the provisions of the CIVIL PROCEDURE CODE (SEC 60).

Dear Saswata ji, I regret once again having to point out that what you are saying is not correct. First of all, to the best of my knowledge, EPFO has not yet introduced online PF withdrawal. The online PF withdrawal process will be handled by EPFO upon receiving digital approval from the employer.

EPF Protection from Attachment

EPF is protected from attachment not by the Civil Procedure Code but by Section 10 of the EPF Act, 1952.

Varghese Mathew

Retirement and Pension Eligibility

The age of retirement for pension is 58. The querist was entitled to a pension upon reaching the age of 58, which was two years ago.

The querist needs to first ensure that his pension form has not been submitted earlier. If it has not been submitted, he should approach his employer with a duly filled and signed application. If the employer refuses to process it, he should file a written complaint with the RPFC.

Regards,

No enquiry proceedings could be conducted after the retirement of an employee. Anyway, what is the age of retirement as per the terms of your appointment letter? If you have already crossed the age of retirement, the company management can never insist you continue your job any longer. The company should have completed the enquiry proceeding before the date of your retirement, or they should have extended your service period. In my opinion, you are at liberty to refuse to participate in enquiry proceedings. In the present matter, since you have already crossed the date of retirement, the company cannot insist you continue your job any longer. Similarly, you are not bound by the outcome of the so-called inquiry proceeding; you may refuse to participate.

As for PF dues, you may contact the Provident Commissioner, sign an affidavit stating that you have retired as per the terms of your appointment, and demand settlement of your PF dues from PF authorities. As per Supreme Court ruling, nobody can withhold your dues. The PF is not attachable as per provisions of the CIVIL PROCEDURE CODE (SEC 60).

Thank you for your reply. I have also gone through the EPF Act 1952 Sec 10 and Civil Procedure Code. Previously, I have sent them a letter requesting the release of my fund from my employer. They partially rejected it. Their reply is "You can withdraw your contribution only from the fund by applying through Form 31." This is a contributory provident fund. They have also not mentioned anything about pension, as they said your service is extended even if I cross my retirement age of 60 as the inquiry is ongoing. Kindly guide me. What can I do now? Should I send another letter to my employer quoting the Civil Code and EPF Act clause, or get in touch with the PF commissioner? Also, is this EPF Act valid for a Contributory Provident Fund?

Regards.

Thank you for your reply. I have sent them a letter before delving into the EPF Act, a letter requesting the release of the fund. They replied to me to withdraw my contribution. Their response is, "You can withdraw your contribution by applying through Form 31." I need to mention here that this is a Contributory Provident Fund, not an EPF. Is it under the EPF Act 1952? Because I want to quote the EPF Act Section 10 in my next letter to my employer.

Regards.

I assume you work for a PSU or government department. They are not covered by EPF but by a different set of laws. I would suggest you first apply with Form 31 and get the PF part out. Then you should hire a lawyer to see how you can take up the matter of delayed closure of the enquiry, which court or tribunal will see it, and whether it can be quashed on any ground.