EPF withdrawl in a disputed case with employer

POSTED BY suresh rao ON August 5, 2013 11:07 am ONE COMMENT

I was employed in govt. organization for 1 year. Later i resigned through proper channel due to personal reasons. The resignation letter has been signed by my 3 immediate bosses in hierarchy and is supposed to be sent to HR wing by them through proper channel. In my resignation letter, i mentioned that I will pay the indemnity bond amount and salary in lieu of notice period as I have not served for the notice period of 3 months. This amount stands to be approx. Rs. 75000. No one contacted each other for almost 3 years. The organization did not accept my resignation and after 3 years asked me to join the service treating me absconding from duty and unauthorized absence. Later on it terminated me as I have not joined. No proper relieving and FNF is executed. Now my PF account is inoperative for more than 7 years. Now i am in dire need of money and want to withdraw my epf amountwhich stands to be Rs. 20000. I wish to know whether the organization will forward my withdrawal application even after terminating me without FNF settlement. If not, how can i get my EPF withdrawl. The account in which the organization transferred salary has already been closed. So can i get the EPF amount in another account jointly held by me with my mother? Recently i got other job in a private company, which itself manages a CPF trust following the rules of EPF only, but i don’t want to get my new employer in picture in any way as i have not told about my previous job. hence i don’t want to transfer the previous EPF amount to new epf account and want only to withdraw the previous epf amount due to dire need of money. Since date, I have never processed to withdraw epf from my this old inoperative account and never contacted to my old employer for epf withdrawl. In this regard, I wish to know the following things:

 

  1. Should I first sent my epf withdrawl application to old employer even after gap of seven years and the account being inoperative before trying other options like bank manager attestation etc.? Whether the organization is legally bound to forward my application or it can has a legal right to block my application by demanding dues?
  2. Whether it is necessary to get EPF in the same account in which salary had been credited by my old employer? That account has already been closed and I wish to get the amount in a new joint account held with my mother. Is it possible?
  3. whether an organization who terminated me in stead of accepting my resignation is still eligible for getting the indemnity amount?
  4. Can I get my epf amount to my new joint account without declaring about my new job to anyone as I don’t want to bring it in the picture?

 

 

Kindly help me at the earliest as I am in dire need of money. I will be highly thankful to you for your this kindness.

One reply on this article “EPF withdrawl in a disputed case with employer”

  1. Dear Suresh, please apply for withdraw of your PF. Even if you were terminated, your old employer can not hold back your PF amount.

    Thanks

    Ashal

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