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N.J. MISHRA (Querist) 07 November 2012 This query is : Resolved
MY QUERY IS THAT:

ONE OF OUR EMPLOYEE HAS LEFT THE COMPANY. THOUGH HE HAS NOT COMMITTED ANY BREACH OF EMPLOYMENT CONDITION, WE HAVE RETAINED HIS PASSPORT WHICH WE WILL RETURN ONLY WHEN HE WILL SUBMIT TO US ALL THE CERTIFICATES ISSUED TO HIM WHILE PROVIDING HIM INHOUSE TRAINING. PLEAE NOTE THAT THE COST FOR THE SAID INHOUSE TRAINING WAS INCURRED BY THE COMPANY ONLY.

THOUGH WE KNOW THAT RETAINING OTHERS PROPERTY AMOUNTS TO CRIMINAL ACT AND ONE CAN INITIATE LEGAL ACTION. NOW HE HAS SEND NOTICE STATING THAT TO HANDOVER HIS PASSPORT FAILING WHICH HE WILL FILE FIR.

I NEED TO REPLY THIS NOTICE BUT AT THIS STAGE WE CANNOT APPOINT ADVOCATE. KINDLY ASSIST ME IN DRAFTING THE REPLY.

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Guest (Expert) 07 November 2012
Repeated query. Already replied.

Legally, your organisation or its executive don't have any right to withhold the passport of your ex-employee even if he would have been guilty of indiscipline or breach of any employment condition. The employee is also not obliged to return the certificates he has obtained by virtue of completion of his trainings. Reply to his notice would merely be a futile exercise on your part. It would be better for your organisation to return his Passport without any hitch.

Even if you have decided to face the legal suit if the employee files, he would rather be entitled to claim damages from your organisation, if any employment opportunity is lost by him on account of withholding of his passport.

I WONDER TO KNOW, BEING A LEGAL OFFICER OF YOUR ORGANISATION, HOW YOU ARE NOT ABLE TO REALISE SUCH TYPE OF SITUATION TO ARISE DUE TO YOUR ADAMENT ATTITUDE TO GET BACK THE CERTIFICATES OF TRAININGS FROM HIM.