I served for 20 years in a row till 31.12.2013. the company didn't include me in the PF despite my written pleadings, thus denied PF and gratuity. The PF office at vellore asked me to provide independent evidences as everything in this company oral and cash payment only. I was deputed to various Govt offices with the employers authorization letter attesting my signature and termed as senior executive. I got 4 such authorisation letter showing my name with my signature from chennai passport office under RTI. This employer everywhere/ IAS,IPS,IRS,PF and gratuity commissioners filed false and illegal letters stating that i was not at all employed, nor aware of me at all. but he gave me salary and bonus for 20 years like me 100 of victims seen in south india in his various outfits. Pondicherry governor madam branded this employer as a financial fraud. From tiruvannamalai i alone filed a case in view of the evidence as needed as above, his knowing false filings i feel under 197 of IPC and sec 7 & 14 of PF Act for criminal trial. In view of the large scale corruption by this employer the officers delay the matter. I am a senior citizen 74 with a sick wife 72 begging for life everywhere i necessarily need your help. Kindly advice whether criminal proceeding by me and the govt officers is possible. I bear your bill on receipt of the dues to me without fail. this request in view of the poverty. Await Advice.
A.As for payslips, you definitely need to ask your employer as that is your sole proof of earning. File a complaint with the authorities (mentioned by others here in this column) with available documents in your possession. Explain why you did not file complaint earlier. Also file case in Labour Court and if required a Writ petition in Hon'ble High Court seeking directions against authorities. As for section 197 IPC: Certificate/letter must be ‘admissible in evidence’ as such, without further evidence of proof of the certificate. If a certificate has to be further proved by any witness then the certificate/letter is not admissible in evidence in law. File criminal case of cheating as you were cheated of your money and he had a wrongful gain and you wrongful loss. You need local Advocate's legal assistance, unless you file and pursue it yourself.
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Ambrose Leo
Responded 5 years ago
A.You have delayed already.collect all records with you & complain to local office of EPFO & Regional office of your area and also send Copies to Central Provident Fund Commissioner in Delhi & copies to Labour & Employment Department & Minister for quick action.You can also make complaint before the Local Pensioners & senior citizen association.There is EPS-95 pensioners & senior citizen forum on social media who are doing free service, Then lastly file a case,because there is undue delay in action & relief.
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Vimlesh Prasad Mishra
Responded 5 years ago
A.You may write your complaint to the PF commissioner of the area and simultaneously complain in the labor court with all the available documents and wait for the reply. If you don't get any action in the applications file a mandamus writ petition in the High Court in this regard to get direction to PF office and Labor Court. As soon as you get the High Court order in this regards the labour court will take up the matter for decision. If you get decision in your favour then you will get all your superannuation benefits.
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Manjula Shanmugasundaram
Responded 5 years ago
A.please form a small association and proceed. You will definitely succeed
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Anonymous
Replied 5 years ago
Dear smt manjula,
Thank you for your response. please specifically reply me whether criminal proceedings under 197 of IPC or otherwise can be initiated because this employer gave me a threat criminal action notice, defamation but didn't do and a copy to labour and PF Commissioners apart district collector. The others to form a team are at different states from tamil nadu tiruvannamalai i am the only person filed the claim hence this request. Against your advice we go further.
R Soundararajan.
Manjula Shanmugasundaram
Replied 5 years ago
Issuance of false certificates might apply. But it is better to make a complaint stating all the facts and a much bigger offence may be made out.
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