Indian Express Journalist moves Delhi High Court seeking PF dues withheld by ‘The Statesman’
The main grievance of the petitioner is that the respondent authorities are not taking action against the private respondents for their acts and omissions, despite repeated reminders and representations.
Indian Express journalist Md. Shahid Pervez has moved the Delhi High Court seeking directions to the EPFO and the Additional Central Provident Fund (Commissioner) to act on the representation dated February 10, 2023, and consequently to institute criminal proceedings against the Trustees of the SSPF for nonpayment of his provident fund (PF) dues against ‘The Statesman’.
Pervez alleges that the Trustees of The Statesman Staff Provident Fund, i.e. Ravindra Kumar and Rajendra Parshad Gupta together are responsible for ‘The Statesman’ and have obtained exemption from the Employees Provident Fund Organisation (EPFO) to run their own provident fund in the name and style of "The Statesman Staff Provident Fund" (SSPF). “Such an exemption has been granted in terms of Section 17 of the EPF Act, 19S2 on the satisfaction that the said scheme is not less favorable than what is provided under the EPF Act”, the plea states.
The journalist also seeks sanction for prosecution under Sections 14, 14A, and 14AC of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, and Sections 406 and 409 of the Indian Penal Code.
The plea states that Ravindra Kumar has not been diligent and honest in making deposits to the SSPF; the money has been deducted from the emoluments of the employees but has not been deposited in the SSPF and he has thereby committed a “criminal breach of trust” (Section 405 of IPC) as well as in violation of the provisions of the EPF Act.
The main grievance of the petitioner is that the respondent authorities are not taking action against the private respondents for their acts and omissions, despite repeated reminders and representations.
“After years of financial distress, delayed payment of salaries, and non-payment of other allowances, the Petitioner who had joined the Statesman newspaper on 08.09.1994, the Petitioner was compelled to resign on 08.11.2021. However, despite several months having lapsed and despite repeated requests, the Petitioner has not been paid his rightful dues by Respondent No.3 SSPF and Respondent No.5. Ravindra Kumar”, the plea reads.
The plea states that the authorities under the EPF Act are obliged to act as “guardians of provident funds”, and are obliged to act on any complaints and grievances, however, despite repeated requests, payment of the Provident Fund is not being made by Respondent No.5 (Ravindra Kumar) who is the Trustee of SSPF.
Therefore, the petitioner seeks inquiry by EPFO and respondent No.2 into the affairs of the SSPF and thereafter seeks criminal prosecution against the Trustees of The Statesman Staff Provident Fund, i.e. Ravindra Kumar and Rajendra Parshad Gupta.
Case Title: Md. Shahid Pervez v. Employees Provident Fund Organisation, India & Ors.
Statue: The Employees Provident Fund and Miscellaneous Provisions Act, 1952; The Indian Penal Code