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Witholding of pf

K.S.Raghu (Private service) (44 Points)

12 October 2013

Greetings to all.

This is raghu. I would like to know whether the Provident Fund of an terminated employee (due to misapprpriation) can be with hold, f so under which legal provisions. Pls share your thoughts on the above.

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@VaibhavJ (Believe!! Live your dreams!) (33511 Points)
Replied 12 October 2013

As per the PF Act, an employer does not have any right to with-hold retireal benefits like PF, Gratuity. Hence you can write a letter to the PF Commissioner narrating your grievance, by marking a copy to your employer.

Under the provisions of EPF Scheme, when a member finds it difficult to get the form attested by the employer, he can get the attestation of any of the following officers & send the withdrawal forms to the Provident Fund office. It is not always necessary that the Employer only should attest. You need not be at the mercy of the employer. You may have some other dispute (notice period, money dues etc), but as long as the employment has "come to an end" by resignation, then you can resort to the following action. In most of the cases, the EPF Dept clears the withdrawal (by referring to the employer, and notwithstanding any issues which he may raise against the employee, because the EPF dept is not concerned with other issues).

Manager of a bank.

By any gazetted officer.

Member of the Central Board of Trustees. / committee / Regional Committee (Employees' Provident Fund Organization).

Magistrate / Post / Sub Post Master / President of Village Panchayat / Notary Public.

Thanks