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raja.n

PF withdrawa - legal action against ex employer

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raja.n

Hi RTIians,

 

Thanks to this site, I got information from PF Bandra (Mumbai) office about my PF status when my ex-employer's "PF consultant" who is good for nothing,could not get my PF processed.

 

I will explain the case in a nutshell.

I worked in my previous organisation for nearly 3 years and resigned in Oct'09 after which I applied for PF withdrawal in Feb'10.

 

However, to my utter shock, I was told I have already been made the payment when I did not get a penny of my PF.

 

What actually happened was there was some other guy by the same name and he has been transferred my PF amount, to his bank account I mean.

 

Now all this I got to know, through filing RTI with PF office (that some other guy by the same name and the rest).

All along, my ex-employer was bluffing they got my PF paid to me till I exposed with RTI revelations.

 

So far so good.

Now, my ex exmployer is saying they will give my PF amount only when that other guy (with my name) get his PF and this will take 2-3 months.

And I told them I want penal interest for last months (assuming PF process to be completed in 2 months which I started in Feb'09).

What sort of legal action can I take against this negligence of my ex-employer and where I can start that?

 

Please advise.

Thanks a bunch for your great help.

 

Regards,

N.Raja Sekhar.

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karira

Congratulations on your success with using RTI !

 

The second part of your post / query is beyond the scope of this forum since this portal focuses only on the RTI Act 2005.

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Sanjay Kumar Sinha

It is not possible to deposit PF amount in others account as every body gets a unique A/C No from PF office who ever deposit their money there. It is similar to bank A/C.

 

If employer is depositing money on behalf of employee then they link this account no with employee no of the company where he is working for easy process. Since companies can have lots of employees on same name they generally refer employee by their employee no. In this case if you were getting your salary without any discrepancy, then their should not be any problem in PF A/C also.

 

In case thier is any discrepancy in your salary also then you can ask for your PF A/C No from your HR department and check with PF office.

 

You are eligible to get PF amount contributed by you as well as contributed by you employer during your service period and interst on whole amount till date

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