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unauthorized deduction from provident account

I am writing to bring to your attention an unauthorized deduction from my Provident Fund (PF) account. Upon reviewing my latest pay slip for May 2024, I noticed that an advance had been deducted without my prior knowledge or consent. With reference to my pay slip for May 2024, I observed a deduction of Rs. 1,76,400.00 from my Provident Fund account and Rs. 4900.00 from my salary. I have not applied for any advance or loan from my PF account, and I am deeply concerned about this unauthorized transaction. On 05.06.2024, I sent an email to the Airport Director regarding the unauthorized transaction, but I did not receive any reply until 17.06.2024. Consequently, I sent a reminder email on 18.06.2024 (after 14 days), but there was still no response. I contacted the Grievance Officer through phone on 19.06.2024, and as a result, on 20.06.2024 at 07:13 AM, the officer responsible for the unauthorized deduction contacted me via phone. He pressured me to accept the amount in my bank account and repay it as a PF advance, but I did not agree and requested that the amount be reversed to my CPF account to avoid any financial loss. Subsequently, at 09:36 AM, I received an email stating that I had agreed to receive the amount in my bank account and settle it as a PF advance. This claim is false. On 30.05.2024, I requested a tour advance in reference to the tour order No. AA/CL/TOUR/HR/1154-1161 dated 29.05.2024, and also intimated the unauthorized deduction. The officer accepted his mistake. On 03.06.2024, I contacted him to inquire about the status, and he informed me that he would collect another application for PF advance from the one who is applied for PF Advance and credit the amount to my bank account. I did not agree and requested that he close the PF advance with that amount. Hearing this, he disconnected the call. Therefore, on 05.06.2024, I sent an email to the Airport Director regarding the unauthorized transaction and awaited a favourable reply but, unfortunately, received none. On 10.06.2024 and 11.06.2024, I tried contacting AGM (Finance), on his personal mobile and official landline (ext. 416) multiple times, but he did not attend my calls. I called the finance section, collected the HOD (Finance) number (ext. 405), and confirmed that both the HOD and AGM(Fin) were present in their seats. However, neither HOD(Fin) nor AGM (Fin) attended my calls. Since I did not agree with his proposal, he purposefully delayed or possibly denied my tour advance until 11.06.2024 (applied on 30.05.2024). I feel that because I am a non-executive / C-level employee, the Airport Director, Finance HOD, and AGM (Finance) have neither acknowledged nor provided a favourable solution to this serious issue till date. kindly provide a legal advice in this regard as there is no response since 04.06.2024

( Thiruvananthapuram, Kerala )

9 months ago

Reply

Dear Client,
In your situation, it is crucial to address the unauthorized deduction from your Provident Fund (PF) account legally and formally. You have already taken several steps, including notifying the relevant authorities and following up through emails and phone calls. Since there has been no satisfactory response, you can take the following actions:
Formal Written Complaint: Draft a detailed formal complaint highlighting the unauthorized deduction, the lack of communication, and the undue pressure you faced. Address this complaint to the highest authority in your organization, such as the Managing Director or the Chairman, and send it via registered post or through a reliable courier service to ensure receipt.
Lodge a Grievance with EPFO: If your organization is registered with the Employees' Provident Fund Organisation (EPFO), you can lodge a grievance through the EPFO's online portal. Provide all relevant details and documentation to support your claim.
Legal Notice: Engage a lawyer to send a legal notice to the concerned parties in your organization, demanding the reversal of the unauthorized deduction and compensation for any financial loss incurred due to the delay.
Labour Commissioner: You can file a complaint with the Labour Commissioner’s office, as unauthorized deductions and non-response to legitimate queries fall under unfair labor practices. The Labour Commissioner can intervene and mediate in such disputes.
RTI Application: If your organization is a government or semi-government entity, file a Right to Information (RTI) application seeking details about the unauthorized deduction, the actions taken on your complaint, and the reasons for the delay in addressing your grievance.
File a Police Complaint: In extreme cases, if the unauthorized deduction persists and you face continued harassment, you can file a police complaint for fraud and misappropriation of funds.
These steps should compel the authorities to take your complaint seriously and provide a prompt resolution. Make sure to keep records of all communications and responses for future reference.
Thank You

Vidhikarya

Helpful

Dear Client,
In the given situation, despite your repeated approach, when your employer fails to take any appropriate action to resolve the admitted deficiency/default on their part and keeps the matter in abeyance, you can bring the matter to the notice of the Regional P F Commissioner who is the competent authority to resolve any anomaly/discrepancy arising out of EPF account of a registered member by filing a complaint using UAN to the EPF i-Grievance Management System (www. https://epfigms.gov.in/). If the grievance is not resolved, you can approach the Employees’ Provident Funds Appellate Tribunal (EPFAT) which was constituted under the provisions of the Section 7 D of the EPF and M P Act 1952, Now, as per the Finance Act 2017, the Employees' Provident Fund Appellate Tribunal has been merged with Central Government Industrial Tribunal w.e.f. 26.05.2017. So, if no relief yields from the office of the Regional PF Commissioner, you may approach the Central Government Industrial Tribunal for appropriate relief. Hope it may resolve your grievance. Feel free to contact our legal team to navigate the issue in the right way.