LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

balaa K7   06 March 2019

corporate employer can retain original certificates?

I worked for a pharmaceutical company with the 2 years of bond but due to personal reasons i quit the job before two months of bond completion and employer filed a suit against me amount of 1 LKS this suit has been dismissed by the senior civil court?
My original all educational documents with the Employer now they are asking one lakh money to return the documents
During the working period i applied for passport they not allow for the verification..
what i have to do further to recover my certificates?


Learning

 10 Replies

Suhail suhail (LAWYER)     06 March 2019

Some companies ask for original certificates and keep as security so that the employee may not abscond, though they can keep certificates untill their verification  and should return back. But if with the employee agrees at the time of employment that the original certificates will be in the custody of employer he can get them back at the termination of services .

If the employee does not objects the retention of certificates during its employment it may amount to agreement. During the employment if the employee asks for certificates and the eployer does not return that would amount to seizure for which an employee can file complaint. 

In C.Shanthi V/S Vel Tech High Tech. Engineering college  The Madras high court gave ruling in the matter ,where employee was asked to submit resignation   and demanded damages against  her  certificates .The Court directed the employer to return the certificates and not ask for any damages.

You had a good chance to get the employer directed by the court to release the certificates during the litigation.

Now you should submit a written communication to your comnpany and demand your certificates back if they failed to release them then yopu can opt for legal  action


 

1 Like

balaa K7   06 March 2019

Its belong banglore can i appeal in tamilnadu court?

balaa K7   06 March 2019

Its belong banglore can i appeal in tamilnadu court?

Suhail suhail (LAWYER)     06 March 2019

No ,you should file a petition in Bengaluru only, but first try to prssurize them to release the certificates .You must be having proof that the certificates are with them otherwise they may not deny and then you are in problem.

Do you  have any receipt from them or any admission from them that they retain your certificates ?
 

 

balaa K7   06 March 2019

i am having acknowledgement of it,they are telling should complete two years otherwise pay the amount ..i completed 22 months due to personal issues i cannot continue..

Suhail suhail (LAWYER)     06 March 2019

No i am asking they accpet that your certificates are with them  and you have written proof for that???

balaa K7   06 March 2019

Yes sir,acknowledgement is the written proof and they are not denied

Suhail suhail (LAWYER)     06 March 2019

Then don' pay a sigle penny as you have completed your term of two years already.

Just send them acommunication  and inform them to release the certificates otherwise you will take action  by filing complaint and shall sue for damages.

Their retaining the certificates is not legal at all.

 

balaa K7   06 March 2019

According to agreement two more months i have to complete..but,i can't to continue now..i resigned they are not accepting

Suhail suhail (LAWYER)     06 March 2019

But you say the court rejected their demand for payment and you can take adnantage of that order.

Just mention as per the court order you are liable to be released.

Make soft writen communications first and see the reaction.You can file a petition in high court but that will take time ,just try to solve amicably first.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register