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corruption






 In October, the ED had carried out   with higher security and high interest   Samajwadi Chief Akhilesh Yadav and   linked the controversial decision to a   under EPF&MP Act, 1952.  were created with an objective to pro-
 raids at eight locations including DHFL’s   rates other than deposits of nationaliSed  BSP chief Mayawati alleging corruption   time when Akhilesh Yadav was at the   e)  While under EPF&MP Act, 1952 there   vide superannuating service benefits to
 headquarters for granting loan of  2,186   banks Triple A rated Companies. As per   behind the investments of employees’   helm of affairs. Akhilesh clarified that   is provision of pension and family pen-  the employees who have yet to retire and
 crore to Sunblink Real Estate, a company  prevailing practice further investment   money against policy.   his government did not invest a single   sion, there is no provision of any form   another Contributory Provident Fund
 which is under probe for its alleged deal-  in securities will be decided by secre-  Priyanka tweeted: “The employees   penny of employees PF in DHFCL. “The   of pension under CPF Rules 2004.  Trust was formed to govern the services
 ing with Iqbal Mirchi, who died in 2013.   tary (trust) on case to case basis, with the    are worried over that their hard-earned   manner in which former CM Akhilesh   f)  The  UPPCL  CPF  Rules  2004,  have   of post 2000 employees joining the cor-
 The Economic Offence Wing (EOW)   consent/Approval of Director (Finance),   money is safe or not? One thing is clear   Yadav always patronised arrested AP   never been placed before Provident   poration. The UP government contrib-
 of UP police has arrested former Man-  UPPCL trustee.”    from DHFL-PF scam that BJP govern-  Mishra gives a lot of reasons to question   Fund Commissioner at the Central or   uted  1,600 crore to the Trust to meet
 aging  Director, AP  Mishra,  Director    However, the FIR of scam filed by pre-  ment irresponsibly acted and divested   the intent of those previously in power,”   Regional levels, for seeking exemp-  the GPF liabilities of erstwhile UPSEB
 Finance, Sudhanshu Dwivedi and former  sent secretary of the Trusts, IM Kaushal is  employees’ money to fraudsters.”   said  BJP  spokesperson  Dr.  Chandra    tions under section 17 of EPF&MP Act,   employees, who were sent to three newly
 secretary of the GPF and CPF Trusts PK   mum over the dates.  State CLP leader Ajay Kumar Lallu    Mohan reacting over the comments of   1952 nor any such exemption has been  created corporations.
 Gupta. The EOW took them on three-day   Heated words were exchanged by   alleged that promoter of defaulter com-  Samajwadi party and Congress.   granted by the competent authority.   The creation of Contributory Provi-
 police remand from the court of Judicial    political parties between the Congress   pany DHFCL contributed 20 crores ru-  Mohan, further taking jibe at Congress  g)  They cannot override the constitution-  dent Fund (CPF) is not in consonance
 Magistrate Kshitij Pandey on 6th Novem-  general secretary, Priyanka Gandhi,   pees donation to BJP in its election kitty.  general secretary Priyanka Gandhi, said,   al GPF Rules, 1985 as executive order   with statutory Employees Provident
 ber, 2019.   “It seems that by falsely accusing the BJP   cannot override statutory or constitu-  Fund Act 1952, as no exemption has been
 Now EOW team will investigate them   and Yogi government of the scam, Pri-  tional rules.   granted to UPPCL to run and manage
 on the charges of unlawfully and fraudu-  yanka Gandhi was actually trying to save   Insiders revealed that the meeting   provident fund. Employees’ Provident
 lently investing employees’ hard-earned   Akhilesh Yadav. There is clear partner-  of the board of trustees had not been   Fund Organisation (EPFO) grants exemp-
 contribution money amounting to ru-  ship between the Congress and Sama-  called for over two-and-a half years. The   tion under section 17 of Act where more
 pees 4122.70 crores from their GPF and   jwadi party when it comes to scams.”   beneficial PF scheme than EPFO scheme
 CPF Trusts in an unsecured private hous-  Casting doubts over the current probe,   is offered to employees.
 ing company, DHFCL, between March 24,   All India Power Engineers Federation  The war of words   Exemption from the provisions of the
 2017 and December 2018, almost render-  Chairman Shailendra Dubey, said, “How   between the Yogi   EPF&MP Act, 1952 can be granted only
 ing  2267.90 crores unrecoverable. The   can the probe by the UP government   under Sec. 17 thereof, by the Appropriate
 Managing Director of UPPCL, Aparna U,   hope to unearth the culprits behind this  government and SP   Government (subject to such conditions
 has been given marching orders whereas   conspiracy, especially when the invest-  has escalated over   as may be specified) upon submission
 its chairman Alok Kumar is facing heat as   ments are linked with Dawood Ibrahim   of a scheme of Provident Fund with re-
 the employees  are demanding his ouster   and Iqbal Mirchi’s company and the ED  the investment of   gards to rates of Provident Fund no less
 in the interest of a fair probe.  was grilling DHFL officials?”   provident fund money   favourable than those specified under
 The DHFCL future is under a cloud   Leaders of deceived employees now   Sec. 6 and Provident Fund benefits which
 as the Reserve Bank of India (RBI) has   cite illegalities in formation and running   of Rs 2,631.2 crore of   on the whole are no less favourable than
 imposed several restrictions on with-  of the Trusts and argue that even before   UPPCL staff in DHFL,   the benefits under EPF&MP Act, 1952
 drawal of funds from its accounts. This   the coming into being of this Contribu-  and Employees Provident Fund Scheme,
 has raised serious concerns about safety   tory Provident Fund Trust, the Board of   which is alleged to    1952.
 of deposits from UPPCL. There is no hope   Directors of UPPCL framed Rules known   The GPF Trust qualified the norms to
 of any revival package for DHFCL by the   as PCL CPF Rules, 2004. The said Rules,  be a tainted company  have exemption whereas CPF scheme
 State Bank of India in view of investiga-  2004, are totally ultra-vires the Employ-  is being run unlawfully so are its shady
 tions initiated by Ministry of Corporate   ees Provident Fund &Miscellaneous Pro-  last meeting was held on March 24, 2017.  investments putting employees money
 Affairs through its serious fraud Investi-  Samajwadi chief Akh-  visions Act, 1952, and have no legal sanc-  Employees did not get their contribu-  at risk without their consent despite
 gation organisation (SIFO).   ilesh Yadav too slamming   tity, inter alia for the following reasons:  tory provident fund (CPF) slip (it shows    being real stakeholders. The Yogi govern-
 According to Power Minister, Shri-  UP CM Yogi Adityanath   status of their PF deposit) for the last   ment has arrested three retired persons
 kant Sharma, the seeds of the scam were   over the issue of invest-  a)  UPPCL CPF Rules 2004 have no statu-  three years.   including its MD, Director Finance and
 sowed during Samajwadi Party rule   ment of employees provi-  tory sanction as required under Sec.17   “Neither employees nor their lead-  General Manager Finance.
 when  during a meeting on 24 March,   dent fund in scam-hit DH-  of EPF&MP Act, 1952.  ers or any of employees and pension-  The arrest of former MD AP Mishra
 2017, the UPPCL Trustees took a decision   Surplus amount of    FCL, said, “Yogi Adityanath was so weak   b)  They are in direct conflict with GPF   ers’ representatives, working as trustees   sent ripples in political circles as he was
 and were signed by five people- UUCL   that even after wanting to remove the   (UP) Rules, 1985, which have statutory   to watch the staff’s interests, ever raised   a blue-eyed boy of Akhilesh Yadav. With
 Chairman Sanjay Aggarwal, trust secre-  Rs 2,631 crore of staff’s   Power Minister, he can’t remove him.”   force.  their voice against why the meeting was   his arrest, the entire controversy has
 tary and general manager (finance and   “The UP government is just busy hiding   c)  While EPF&MP Act, 1952 provides   not being convened or why employees   taken a political colour, as people privy
 accounts) PK Gupta, director (finance)   contribution was   the facts, even though key departments   for 12% of wages as contribution by    were not getting their CPF slips,” said a   to investigation see no apparent role of
 Sudhanshu Dwivedi, director (accounts)   deposited in DHFL’s   like power are facing a crisis today.”   employer, CPF Rules 2004 provide for   source.  Mishra in these periodical investments
 Satya Prakash Pandey and Mishra.  He further demanded a probe into   only 10% of wages as contribution and,   The Power Sector Employees Trusts   subsequent to his resignation. A deeper
 The decision reads: “The board of trus-  fixed deposit plan   the issue by a sitting-High Court or a    therefore, cannot be said to be more   were set up after the trifurcation of erst-  impartial probe would unearth truth
 tee agreed to consider the investment   between March 2017   Supreme Court judge.  beneficial, by any standards.   while UP State Electricity Board (UPSEB)  behind scam.
 proposals as per government’s notifica-  This further escalated tug of war as   d)  The benefits under UPPCL CPF Rules   in the January, 2000, as three separate
 tion dated 02-03-2015 in the securities   and December 2018  state power minister Srikant Sharma   2004 are far less than the benefits    independent corporations. These Trusts   letters@tehelka.com


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