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.
What ever may be the problem.............. they have right to with hold all payments due to him after termination but they have no right to stop PF amount............even though they have not given appointment letter, PF must have been recovered from his salary n paid to the concerned PF commissioner against the account allotted to him under the establishment code number......Ask your uncle to take settlement form which available with PF commissioner\'s office ( i think Form D or B - ) and fill it in duplicate and submit in the establishment where he has worked and ask him to take acknowledgment. The employer has to forward the form to the PF commissioner immediately without any delay and in turn PF commissioner should settle the amount within one month from the date of receipt of the claim other wise they have to give a letter to the employee stating the reason for not settling the case. If anythng to be clarified, the management has to give clarification to the PF commissioner....