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george (professor)     24 May 2015

Employer withholding degree certificate

Hi,

I am an engineering post graduate worked as assisstant professor in an AICTE approved reputed college.  As part of my appontment i have submitted my degree certificates in the above institution. i have resigned from the college from january 24 th, 2015. Now the institution is asking me to remit 3 months salary as compensation to  my resignation and for the release of the certificates. At the time of my appointment their is any detailing regarding the notice period or the compensation. Now i am in urgent need of my degree certificate for  emloyment in another institution. when i contacted the institute they stated that the payement should be made without any receipts (black) or do what ever i can.

What are the different possibilities to me  to retrieve my certificates?

 



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 4 Replies

Kumar Doab (FIN)     24 May 2015

It is felt that you have applied all of your resources and have not been able to resolve the matter.

 

 

Record all calls/meetings (audio/visual/witnessed/minuted)…………………and generate irrefutable evidence.

 

 

Once you have the evidence

Pursue the service conditions advocated by The State Education Act, AICTE……………………..It is for sure that no one has  advocated that original educational certificates be kept by the Institute for any thing…………………………………leave apart as any security or  some colletral.

 

At the most the employer can ask to show the originals to mark OSV on copies. The copies can be self attested/attested by notary/gazetted Officer.

 

You have posted that :

 

 

----“ As part of my appontment i have submitted my degree certificates in the above institution.”

 

Do you mean to state that the certificates were demanded to be kept with employer in writing or in appointment letter?

 

 

-----“At the time of my appointment their is any detailing regarding the notice period or the compensation.”

 

In that you can claim that no notice period/pay is applicable in your case.

 

----“when i contacted the institute they stated that the payement should be made without any receipts (black) or do what ever i can.”

 

Hope you have the proof of having despatched the rsignation, POD, copy of resignation…………………and acknowledgment of having the original certificates collected by Institute.

 

 

You may rather demand acknowledgment of resignation,acceptance of resignation,service certificate,relieving letter, correct and original FnF statement showing computation of earned wages/OT/Bonus/leave encashment/adjustment of notice pay etc and final amounts if any to be paid by you or by employer for verification by you, payment of FnF dues by bank DD thru Redg. post………….,Form16 as per correct FnF statement, NOC/NDC etc…………

 

 

You should preferably contact an abale labor Law Consultant/Service matters lawyer/Law firm  with all docs on record and let your counsel now draft and structure your representations..

 

 

 

Your counsel opine that you  may narrate that your original certificates collected by ………………on dated………………..are not being returned to you……………………and an amount of Rs……………is ebing demanded to get the certificates back ……………………………and you can lodge police complaint to get beack your certificates………………….

 

george (professor)     25 May 2015

Thank you.. i would like to know the time period required for this legal formalities

Kumar Doab (FIN)     26 May 2015

The counsel that you consult in person can update you.

Kumar Doab (FIN)     15 June 2015

Query repeated at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=122396&offset=0#.VX6c4FJ-hkg


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