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Abhisek Upadhyay (None)     06 November 2013

College not issuing experience/service certificate

Dear Friends, I would like to have your advise for the following problem:

1. I was working as Lecturer for two years in an Non-Aided Non-Government Engineering College for  affiliated to Biju Patnaik University of Technology, Odisha, recognised by Department of Industry, Odisha and approved by AICTE, India. The college is functioning under a Trust.

2. I submitted my resignation but no acceptance, reliving and experience letter was issued. Further, the security deposit of one month salary and 13 days salary was not paid by the college. Despite several verbal, written, telephonic and electronic requests there is no response from the college authorities.

3. The appointment terms and conditions stipulate that an employee should submit 45 days resignation notice before the beginning of summer vacation which I couldn't submit because of my appointment in the Govt. College.

4. The appointment letter terms and conditions do not explicitly mention anywhere that if 45 days notice is not served the security deposit and experience letter will be withheld or not issued.


5. I am primarily interested in the experience certificate as it is given weightage in recruitment and promotion in various govt educational institutes and universities.


6. I have the following documentary evidence of my employment and service. 1. Appointment letter. 2. Some office orders issued to me. 3. Copy of No Dues-Clearance Form authenticated and stamped by P.A. to Principal. 4. Email from Chairman in reply to my Resignation.

7. Please advise me if I can invoke Writ jurisdiction of the High Court to issue my experience certificate according to a format desired by me as well as my pending salary.

 



Learning

 2 Replies

Kumar Doab (FIN)     08 November 2013

As per various judgments of the Supreme Court the teachers are not covered as ‘Workman’.

 

You seem to have all the required documents with you.

 

You may approach local labor consultant/service lawyer at your location and proceed under expert advice of your lawyer.

 

The notice period/pay, liquidated damages etc if any to be paid by lecturer,  issuance of service certificate should depend upon advertisement calling for job applications, appointment letter, contract of employment, service rules etc…………………………..

 

On the face of it the declinature to issue service/experience certificate sees to be bad.

This seems to be the same age old tactics that employers in all trades adopt.

The college should supply it.

 

 

Security deposit from employee seems to be another bad practice.

If it is not then why can’t employee ask for bank guarantee, security cheque, and lien on saving/FD a/c of employer for payment of wages…………………that is paid after 1 month of work.

 

 

If establishment had taken a security deposit and received resignation and employee did not tender notice period then employer could have supplied the FNF statement and could have adjusted security pay and could have demanded FNF amounts if any payable by the employee.

   

 

You may explore the possibilities in approaching the affiliation team of the university and Grievance cell, AICTE. The officials may suggest a quick and effective remedy that may be suitable and acceptable to you.

 

AICTE seems to have issued guidelines on service conditions.

 

 

https://www.aicte-india.org/downloads/regpaydiploma020210.pdf

 

 

https://orissa.gov.in/pa/cabinet/Cabinet_Decisions.html

 

AICTE invites email complaints against colleges

https://www.indiaeducationreview.com/news/aicte-invites-email-complaints-against-colleges

 

 

https://www.dtekerala.gov.in/downloads/Handbook.pdf

 

 

 


Attached File : 558656464 regpaydiploma020210 (1).pdf, 558656464 handbook.pdf, 558656464 aicte invites email complaints against colleges.doc downloaded: 139 times

Abhisek Upadhyay (None)     09 November 2013

Dear Sir,

Some local lawyers told me that Writ cannot be filed against a private body. I would like to know whether  one file a Writ Petition against a Non-Government and Non-Aided Educational Institution like my college. Since it is running under a Charitable Trust and is affiliated to a State Government University, does it become eligible for writ jurisdiction of HC.


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