You are here:

Indian Law/Regarding PF Transfer incase of non relieving from Previous organization

Advertisement


Question
Dear Sir,
I was working with one semi government organization for 2 years. I had resigned from the organization and ask for relieving within one month. As per the appointment letter three month notice period is required to be served aslo there is a clause that employer can be relieved me with given notice period, but there is no clause for employee. The company in which I am working doesn't need relieving letter and so I have joined the company without relieving letter from the last organization because the present company is asking for early joining as per their requirement. I had resigned from last organization and I had also mentioned that I am ready to pay for notice pay against the shortfall of notice period but they had refused to do so. Then they had snet a letter for chargesheet cum inquiry notice to me for which I had not attended the inquiry. Lastly they had sent my termination letter, still they are not transfering my Provident Fund. Sir, please guide me how to get my provident fund.

Answer
You have every right to terminate the contract of employment by complying with the termination clause contained in your appointment letter.If you have done so, then you have nothing to worry about.Further, since you have joined the new organisation by resigning from your earlier organisation,there is no irregularity on your part.You immediately serve a legal notice to them to issue your release order as per your notice by makiung necessary adjustment against your outstanding dues for any shortage in the notice period and make full and final settlement of your outstanding dues.Further, threatening that if the said actions are not taken immediately, you shall be compelled to take suitable legal actions against them.However, you did a great blunder by not giving a proper explanation to your charge sheet within the prescribed period and also by not attending the inquiry proceedings.You please positively attend the next hearing preferably with a lawyer to defend yourself.As otherwise, ultimately ex-party decision will be given ,which will be more damaging to you.Even if the inquiry report goes against you, you can get it set-aside through court.Please take all the actions suggested by me immediately to defend yourself.Normally in such cases, court's decision is in favour of the employee,as it relates to prosperity in his career.
With Best Wishes.

Indian Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

©2016 About.com. All rights reserved.