Regarding certificates retained by employer

manmohan (Querist) 12 September 2013 This query is : Resolved
i am working with an organisation under punjab Govt. as at the time of appointment they have taken my qualification certificates. but now after 9 months whenever i am asking them to give me back the certificates they says we can't give it back to you as you are under probation period of 2 years. i want to know that can i force them to give me back my certificates. i heard lot about that there is a supreme court judgement that no employer can retain the certificates of an employee
plz suggest me something on this matter and plz refer me to any judgement on this if there is any my mail id is Manmohanpatwal@ibibo.com

Follow Query

Report Abuse

Kumar Doab (Expert) 12 September 2013
What is the reason that you handed over your original certificates?

Did the employer or any of his officials in HR etc demand in writing to submit the original certificates and if yes what was the reason mentioned in the communication?
Has the employer issued any acknowledgment of having received the original certificates?

First of all obtain an acknowledgment in writing.

The original educational certificates are property of the employee and employer can not have any lien on these………………….

Are you member of any trade union?

P. Venu (Expert) 13 September 2013
There are, and there cannot be, no service rule which requires an employee under probation to hand over the original certificates. Educational certificates are personal property.

First of all, request in writing for getting the certificates back.

Nadeem Qureshi (Expert) 13 September 2013
Dear Querist
you are a govt. employee, you can easily bear the consultation fee of a lawyer, it will be better to contact a lawyer in your area for best advise

Ms.Nirmala P.Rao (Expert) 13 September 2013
Dear Client,

You can claim back your original certificates as of right from your employers soon after their verification/checking at the time of your employment. First get issued legal notice requesting for return of your certificates lest you may force them to return those certificates by proceeding legally,. You can file Writ of Mandamus in your State High court under Art.226 of Constitution of India seeking a direction to them to return your original certificates after the period of 15 days or so expires in your legal notice.

Ms.Nirmala P.Rao
Legal Expert
Hyderabad

Guest (Expert) 13 September 2013
PM of the quesrist already replied.

Rajendra K Goyal (Expert) 13 September 2013
Nothing more to add.

Sudhir Kumar, Advocate (Expert) 15 September 2013
nothing more to add except that I can understand that this decision (of dealing clerk or headclerk) is illegal and unprecedented.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries