R/Sir / Madam,
Its a matter of highly disappointment that; an employer is not depositing PF Contribution on time. Practicing unfair labour practices. Keeping no proper record as prescribed under PF & MP Act-1952 & Scheme thereunder. Hundereds of employees, including me are just not able to get their PF money which has allready been deducted from the employees salary and i am complaining against it third time but no appropriate action has been taken yet by the department.
Please do the needful at the earliest.
Thanks with Regards
Ajay
9958870777
(Note: belove are the mails which i wrote to the manager & PF officials in last year.)
&&&- Forwarded message &&&-
From: Ajay Tanwar
Date: Mar 25 4:09 PM
Subject: Complaint under PF & MP Act 1952 & Scheme thereunder
To: [email protected], [email protected]
To,
(Regional PF Commissioner)
5th 7th floor, 60, skylark building,
Nehru Place, New Delhi- 110019,
Fax – 26221635 (e-mail: [email protected])
R/Sir/Madam,
please refer to my e-mail dated 03.03.2008 (Attached below), I had worked with M/s Ambica Research & Development Pvt. Ltd., A-24, Okhla Industrial Area, Phase-1, for 8 month approximately. During my tenure they deducted PF Contribution from my salary Rs. 720/- per month and my PF Code was DL/34386/28.
And since i left the company, they were refusing to help me withdrawing my PF Money.
Its allready complete one year i left the company and i am in urgent need of money.
My several other fellows also suffering the same problem and they are willing to send their complained to you.
I wrote to HR Manager (Ms. Indu Wattal) several times regarding the same matter but no response i had received till yet from M/s Ambica Research & Development Pvt. Ltd.
You are kindly requested to look in to the matter and help us urgently.
I shall be highly oblidged for your early attention to the matter.
Regards
Ajay Tanwar
09958870777
&&&- Forwarded message &&&-
From: Ajay Tanwar
Date: Mar 3 5:00 PM
Subject: Charges Levelled against you under EPF & MP Act, 1952
To: [email protected], [email protected], [email protected], [email protected]
Cc: [email protected], [email protected], [email protected]
Dated : 03.03.2008
Ms. Indu K. Wattal
Manager – HR
Ambica Research & Development Pvt. Ltd.
A-24, Okhla Industrial Area, Phase – 1,
New Delhi -20.
Mobile 09350880080/9871278146
Telephone:- 011-66627102-5
Sub: Not Depositing the Provident Fund & Employee Pension Fund Contribution in
P.F. Account after deduction under EPF & MP Act, 1952 and misappropriation
of Employee's contribution fund.
Respected Madam,
With due regards I would like to state that; I, Ajay Kumar S/o Sh. Puran Singh had worked with your Organisation from 22nd June to March 17th as an Executive-HR. Remuneration being paid to me during my tenure was as follows (copy of appointment letter enclosed):
Basic: Rs. 6000/- per month
HRA: Rs. 4000/- per month
Conv. : Rs. 1500/- per month
That, based on above basic pay P.F. Contribution on employee account you deducted Rs. 720/- per month from my salary and as per the provision of the act, you also have to deposit Rs. 720/- per month on account of employer contribution to the PF Account DL/34386/28, this code has been allotted to me and out of that DL/34386 is your establishment code no. under EPF & MP Act, 1952.
That, after two month of my leaving the job I contact you to sign on Form no. 19 & 10 C to with draw my PF money but you refused to sign on it. Even after my several follow-up your reply was negative all the times.
That, after my continue request regarding the same you informed me that; the PF Contribution amount which you supposed to deposit till 15th of every month as provided by the act has not been deposited by you. Even no monthly return in prescribed form 12A has been submitted. This is self understood that you used the contribution money for your personal use that is guilty of offence.
That, as per specific provision contained in section 14 (1A) of the EPF & MP Act, 1952 read with para 76 of the EPF Scheme, 1952, non payment of dues as prescribed under the EPF law attracts panel provision involving prosecution of the Employer and the Establishment. The board of Directors as also the person responsible for conduct of the business shall be deemed to be guilty of the offence as per provisions specified in section 14A, of the Act.
That, Provision contained in section 6 of the EPF & MP Act, 1952 read with para 29 of the EPF Scheme 1952, make it obligatory on the employer of the Establishment to remit contribution in the manner prescribed on the quantum of wages payable, even if the wages has not been disbursed, it will not make any difference in absolving the responsibility of the employer.
That, para 38 of the EPF Scheme, 1952 prescribes remittance of contribution and other dues payable under the EPF & MP Act, 1952 and the Scheme framed there under by 15th of following month for which it is payable but you faild to comply with all requirement framed under the Act therefore above mentioned charges leveled against you under the EPF & MP Act 1952 and Scheme there under.
Dear Madam, now you are advised to deposit the due contribution amount along with Monthly, Annual Return on prescribed forms so that not only me but each and every employee who had left the organization also can with draw or get transfer of their PF Money.
This is not only your obligatory responsibility but also your moral and social responsibility to deposit P.F. Contribution and assist your ex-employees in with drawl of their PF amount.
(Reply within 10 days after receiving of this letter is expected from your side)
Thanks and Regards
Ajay Kumar
S/o Sh. Puran Singh
V.P.O. – Deeghot, Tehsil – Palwal,
District – Faridabad (Haryana)
0999 6309 777 (Mobile)
[email protected] (e-mail)
A copy of this letter is being forwarded to:
(i) Ms. Aneeta Sharma, Director, Ambica Research & Dev. Pvt. Ltd.
(ii) Mr. S.K. Gupta (Labour Officer) Room No. – 18, Puspa Bhawan, Puspa Vihar,
New -Delhi.
(iii) Sh. A. Vishwanathan (Central PF Commissioner) Bhavishya Nidhi Bhawan, 14,
Bhikaji Cama Place, New Delhi 110066, Fax – 26172666
(iv) Sh. R.K. Kukreja (Reg. PF Commissioner) 5th 7th floor, 60, skylark building,
Nehru Place, New Delhi- 110019, Fax – 26221635 (e-mail: [email protected])
(v) Labour Commissioner, C Block, 5, Shamnath Marg, Delhi. Phone – 23951115 / 23962823 (e-mail: [email protected])
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