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jitendra (na)     26 August 2013

Company not giving back my marksheet and salary

My self jitendra,I am having experience of about 3.5 years in Web/Graphic/UI Designer. I joined company noida on 16 april 2013 & deposit my 10 mark sheet . I din't sign any bond on stamp paper . It was just written in appointment letter. I have given resign on 20 june 2013 (in mail). 

I have to put resignation because of my family health problems. 
(my grandmother was in critical condition & my parents have also health problem they cannot take care self or granny ) they leave in (Uttarakhand, Almora--District, as well as my home contraction is going on in (uttarakhand haldwani). I have to settled in my home town due to above mention reason and i discussed with my family about this.

This condition i discussed with my Project manager & HR and they asked some proof and then i mailed some scan documents (medical proofs my granny & Father, Mather) than the told me you can take 1 month leave or transition period & we will talk your situation with management. At that time i told all things i can not fixed in one months. So i would permanently settled in my hometown. Then i left company 24 june 2013. 

After a month i call HR & told my situation family Granny, mother & father health problems. So i can not come join office again. Please return back my 10th mark sheet & last month salary. HR told me drop email to me with your current situation & i will give reply on mail within 3 to 4 days. HR not replied in mail yet. 2 week passed then i called again for email reply and then HR told me send new email to legal department (lega@...........com). 

As per company bond/law you have to serve (2 months notice period) or pay 2 month penalty (50,000 INR). I asked to HR; no other way to solve this situation she clearly said no.

I worked only 2 months in company. I have not signed any bond in legal stamp paper. It was written in appointment letter where i signed. They do not want return back my 10th mark sheet until they not get 2 month notice period or 50,000 INR.
It's not possible for me (currently father in hospital).

What should i do in this condition.
Can they keep my 10th marksheet & my last month salary?
I signed in appointment letter where it's mention that in the case of resign you have to pay 50,000 INR or 2 months notice period. It's legal or not?
Where as i know appointment letter terms & condition where i signed. Can not force me legally pay INR or notice period? 



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     27 August 2013

why you gave original marksheet

Kumar Doab (FIN)     27 August 2013

Mr. Sudhir Kumar has raised an imp. question.

Did the company demand original marks sheet in writing, if yes what is the reason for it stated by the company? Has the company stated for how long it will retain the original marks sheet?

Has the company issued any acknowledgment of the receipt of original marks sheet?

Have you obtained any record (audio/visual) during which the officials of the company have acknowledged that it has kept the original marks sheet and it shall not return till you pay Rs.50000/. IN other words do you have any proof?

Until  you have not collected some proof you refrain from showing you are seeking opinion from elders, lawyer, trade union  etc.

This company should have registered under U.P. Dookan aur Vanijya Adhisthan Adhiniyam, 1962 (Uttar Pradesh Shops and Commercial establishments Act);

 

https://labour.up.nic.in/labourcommissioner/dookan62.htm

CHAPTER IV
Wage deductions and Notices of Discharge

20.  Termination of employment by an employee.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment.

(2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer.

So the employer may remain satisfied with 15 days wages.

You may go thru rule 15, 16, 17 also and check if the recovery of notice pay/fine by employer is set aside and recorded in register for use as prescribed in the Act.

You may obtain the latest version of this Act from the o/o Labor Commissioner or its web site or buy from market and relate the latest provisions with your case.

You can approach Inspector under this Act which might be Labor Inspector.

O/o Labor Commissioner can guide you.

 It shall be appropriate to proceed under expert advice of your lawyer.

 

 

 

 

Kumar Doab (FIN)     27 August 2013

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Attached File : 501431108 up se act.doc downloaded: 186 times

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