PF - Company didn't remit PF

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Gajendra Nath (Querist)
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15 July 2011 While trying to withdraw my PF for 5 yrs (2005-2010) I got information that my previous company didn't remit PF for two months in 2007, therefore my PF cannot be processed. The complicated part is that till 2008 it was Company-A (real name concealed) and then onwards it was taken over by Company-B. As of recent update, they (Co. B) are checking with Bank authorities but there is no progress. I am in middle of nowhere and can't afford to lose the substantial amount. Please help me with a way ahead. I am ready to forfeit non-remitted months PF if that can and is a option to conclude the subject. I want to know, eventually, whose liability it would be to settle this matter, Company-A who didn't remit in 2007, or Company-B who took over Company-A in 2008. Any help/advise highly appreciated.

Regards.

U S Sharma

U S Sharma (Expert)
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15 July 2011 i feel that you have form 19+ form 10 copies with you

obtain form 3a from the person on chair for last one year when you left the service, and go direct to the local police station of employers office and lodge a complaint that emplooyer did not paid your accounts to PF.

this will work in 1 day, as non payment of employees contribution which is deducted, is a criminal offence, and all PS are aware about it, they will force the employer to clear the dues and remit the documents to PS for onward submission to you.

without form 3A you would not be in position to establish your contribution of employment period.

best of luck

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C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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15 July 2011 You go the the Office of the PF Commissioner and take you statement of PF deposited by the company. While filing the petition for withdrawal of PF you must have submitted your claim and against which you have received the letter that the first company has not deposited PF for 2 months. Now, basing on the above facts write a letter to Company B which has taken over the liability of the company A to deposit the PF for 2 months. In case within 15 days it is not done then you follow the suggestion as given by Mr. U. S. Sharma.

Note that before doing anything you should procure the consent letter from company B for release of your PF as WELL AS FORM NO 3A

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Gajendra Nath

Gajendra Nath (Querist)
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17 July 2011 Thanks a lot to all for taking time and giving their valuable advise. I am going to contact my company and follow above directions. I hope it comes to an end without major complications.

Meanwhile, all the Help is highly appreciated.

Regards.

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