Guide to Withdrawing PF from a Closed Company: Legal Procedures and RTI Act Insights

Hi,

I worked in Hyderabad at a company from March 2005 to August 2006. After that, I worked at another company in Bangalore from August 2006 to June 2007. Upon joining in Bangalore, I opted for the transfer of PF from my Hyderabad account to my Bangalore account. Subsequently, the Bangalore company closed its Indian operations.

Upon checking last month, I discovered that no one from the closed company is available, and no authorized signatory is accessible. I only have my PF account number. I am uncertain how to proceed and whom to contact. Could you please advise me on how to withdraw the PF amount, which includes contributions from both my side and the employer's side?

Thank you,
Sarath

If an employer exercises high-handedness and refuses to sign a form for the withdrawal of PF or other dues under labor laws, the legal way is to send the duly filled-in form via a registered letter to the employer. Following this, send a representation to the PIO regarding the non-signing of the form by the employer. Subsequently, make an application under the RTI Act to the PIO of the concerned statutory authority, requesting information about the steps taken by the employer to sign the requisite form. The concerned PIO has the right to obtain information under the RTI Act since information can be sought from a private agency if it is required to furnish information under the Act. Please see the definition of information under section 2 of the Act. If the information is still denied, file an appeal under the RTI Act. This process will avoid involving third parties. Even if the sole proprietor of the firm has passed away or a company has been closed, the inspector of the relevant Act can approach the legal heirs of the proprietor or the legal administrator. In the case of a company, the court-appointed liquidator can also be approached. These individuals can sign the requisite form, and in case of failure, certify themselves to further process the claim.

Thanks,

Sushil

This topic has been discussed a number of times on the forum. It would have been nice if you had done a search. Look for "How to get PF when the company is not signing."

Thanks for updating the information. Sadly, in the post "What can we do if an employer is troubling in the withdrawal of PF," Mr. Ajay and others complained that they had to wait for 2 years to receive their PF amount due to trouble caused by the employer and others. A new approach can be tried under the RTI Act, wherein if a person fails to furnish information to the PIO, penal action can be taken.

For an ordinary person of badli or casual status, the higher-level officials' attestation and cooperation are not generally visible. Nowadays, there is a trend towards self-attestation. I have no disagreements with the past procedures recommended in earlier posts, but please consider the discouraging incidents mentioned above.

Regards,
Sushil

Dear Banerjee,

Please refer to the definition of information under Section 2(f) where information can be sought from private bodies by a public authority. There are penal provisions for failure to provide information by a person. See my earlier post on resignation problems.

Regards,
Sushil

On the non-existing company, attest the Form 19 and 10C at the bank where your account is active and submit the form to the regional office.