Senthil kumar (Recruitment) 20 September 2014

Pledged my educational certificates- how to get it back ?

Dear Friends,

I joined a company on March 2007, expecting a good growth and prospects,while interviewing they asked me to surrender the certificates and said that is their company policy.

I also thought that since i am gonna sit for a long time and submitted my educational certificates like 10th ,12th and UG Certificates.

I started working, but i came to know the company hasn't have a good reputation in the market,since i was the face of the company i got lot of problems, internally also i got lot of troubles, the management's attitude also suspicious at times and checked on my working styles often.

This made me very frustrated and irritated,i got angry one day and without thinking on the educational certificates, i sent a resignation email to them and left the company.

After that i realized that i made a mistake of not getting the certificates back.

I informed one of my friend,he suggested to give a police complaint.

A complaint was lodged with the help of an advocate ,the advocate raised the issue to Human rights commission and the human rights commission directed to the commissioner of police and they instructed police station to enquire on this.

But the employer came up with couple of pointers which was unacceptable and asked me to sign on that.

I rejected there also.

After so many years passing , i sent an email apologising on the happenings and requested for my certificates back.

but they want me to pay rs.50,000 to get my certificates which is written in the agreement.

Now , what shall i do to get my certificates?

if they are not giving the certificates what is the procedure to get my 10th and 12th certificates?(coimbatore division)

regards,

Kumar.

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2 Replies

Kumar Doab (FIN) 20 September 2014

>>> You can apply for duplicate certificate to respective Board/Univ. The procedure is usually available on the websites and you can inquire in person.

You have posted that:

---You had signed some agreement and submitted your educational certificates to the employer.

Did the employer demand in writing that certificates have to be submitted and did it issue any acknowledgment?

What is this agreement that was signed by you? Did the employer announce it in writing that agreement has to be signed?

The agreement was signed in lieu of what extra ordinary favor by employer::::: some certified training from some Instt?

If there was no favor then agreement may not stand test of law.

The employer can not keep original educational certificates as collateral……………………..even if employee has signed any private agreement.

---The employer came up with some pointers and you declined to sign these.

What were these pointers?

You had pulled the employer to police, human rights and then why did you retreat back?

Why did you decide to waste all the efforts when the employer was pulled to face lawful authority?

There are threads indicating that even an ASI, Havaldar was sufficient to get the certificates back::

https://www.lawyersclubindia.com/forum/details.asp?mod_id=88472&offset=1#.Unu2RPuo1oo

---You apologized by email.

Who had asked you to send an apology: say employer::::: and if yes.................and was it in writing?

What for you had apologized? What wrong was done by you?

What was written by you in the apology?

---The employer want you to pay Rs.50000/ for getting your certificates. Is it stated in writing?

---There are many threads with similar queries and you may find these useful and can pick up relevant points, including the type of complaints, sections, judgments etc………………

You may carefully go thru these………………

https://www.lawyersclubindia.com/forum/Help-Service-bond-causing-unemployment--85093.asp#.UjbNaNKAqWM

https://www.lawyersclubindia.com/forum/How-to-stop-employees-being-pulled-by-competitors-56727.asp#.UvPGBEeBmXU

https://www.lawyersclubindia.com/experts/Breaking-the-bond-447501.asp

https://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.UiNgTNKAqWM

https://www.lawyersclubindia.com/forum/Restriction-against-joining-competitor-s-firm-51291.asp

https://www.lawyersclubindia.com/forum/Reply-to-legal-notice-90931.asp#.Umfc_3CAqWM

https://www.lawyersclubindia.com/experts/Absconded-inspite-of-having-a-bond-426216.asp#.UmfKhnCAqWM

>>> Apparently all these years the employer has not issued any adverse comments against you in some reference check, BGV...............................................and has not issued any notice, show cause notice, legal notice, and has not files any court case for recovery of the liquidated damages inserted in agreement signed by you.

Your lawyer that examined all of your docs can opine 'If the claim is time barred or not'?

If you want:::::::::::You may consult an able Labor Law Consultant/Service Lawyer with copies of Job advt, interview call letter, selection letter, offer letter, appointment letter, agreement, complaints lodged by you, apology sent by you, and any other communication on record and proceed under expert advise of your lawyer.