Actually, My uncle had been working in a company at Gurgaon from 1996. No appointment Letter was provided there till the date.
In their Company PF facility was started on 10,March 2005.
On 4.April.2009 through someone here and there in a company employer got the information that my uncle is stealing company's stock.
He(Uncle) has caught by the employer with company's stock as on 04.April.2009 and now employer has discharged him and saying there is no final-payment. No amount will be provided to you.
Uncle said that, He wasn't know about the stock. How it was with him.
I know my uncle. He cannot do the act like this in their life.
Now please guide me is there any way by that my uncle could withdrawn their PF Amount?
Bcoz company is not providing their PF Amount.
I am looking forward to your response. Please Help.
07 April 2009
If any amount due to the Company due the fault of the employee the same amount can be attached to PF. It is law.
To the law, your uncle has to prove that there is no any fault on him and after that only he can approach pf authorities and can get the money.
However he can write a letter to the pf commissioner the details of what has happened and until it is proved to contrary the amounts should not be paid to company.
Similarly the company is also having a right to inform pf commissioner and to stop paying the pf.
First solve the problem and can get the pf amount.