NEW DELHI: A journalist has approached the Delhi HC seeking clearance of his Provident Fund dues from the Statesman newspaper, where he has worked for over 27 years. The plea stated that ‘after years of financial distress, delayed payment of salaries and non-payment of other allowances’, Petitioner Md. Shahid Pervez, who joined in October 1994, left the newspaper in 2021.
“However, despite several months having lapsed and despite repeated requests, the Petitioner has not been paid his rightful dues....” his plea read. In his plea, the journo alleged that the Managing Director and the Trustee of The Statesman Staff Provident Fund (SSPF) have not ‘been diligent and honest in making deposits’ to the SSPF.
The plea argued that the money, which has been deducted from the emoluments of the employees but is not being deposited in the SSPF has thereby committed a criminal breach of trust and a violation of the provisions of the EPF Act.
In the writ petition, the petitioner also sought directions from the court to revoke the exemption to the newspaper trust --obtained from the Employees’ Provident Fund Organisation to run ‘SSPF’-- in terms of Section 16A and Section 17 of the Employees Provident Fund Act, in accordance with the law.“Such an exemption has been granted in Section 17 of the EPF Act, 1952 on the satisfaction that the said scheme is not less favourable than what is provided under the EPF Act,” the plea read.
“The Respondent authorities are not taking action against the private Respondents for their acts and omissions, despite repeated reminders and representations,” it said further. “The Petitioner has reliably learnt that Respondent No.3 SSPF does not have sufficient funds to disburse the provident fund contribution and the only reason for the same can be misappropriation by its trustees...,” it added.