90 days salary aginst notice period

Repeated Query:

https://www.lawyersclubindia.com/forum/Employer-withholding-degree-certificate-121477.asp#.VX6ZbVJ-hkg1.

You did not answer any of the points raised.

You should have continued in the same thread.

Have you consulted any lawyer so far? Have you consulted any teacher’s unions at least so far? Have you lodged complaint with authorities as already indicated.

 If yes your lawyer might have opined that you can lodge complaint for illegal withhold of your original testimonials, including police complaint.

1. At clause 8 it is stated that any change can be made and will be effective immediately. Any change in service conditions seems to have been communicated to you.
2. At clause 9 it is stated that duplicate be returned as token of acceptance.
3. IN letter by college it is claimed that you were briefed (only you would know it was briefed or not? And If NO: you can decline to accept if any briefing was made!) that notice period is 90 days, however pursuant to briefing notice period of 90 days was not inserted  in appointment letter that was signed by both employer and employee hence there is no such condition, on record.
4. It is stated in the letter to pay notice pay so that certificate/experience certificate can be released. It is not stated (intentionally perhaps) that your original testimonials can be released.

Thank you for your kind attention

Have you consulted any lawyer so far?

No. I am trying to solve externally

Have you consulted any teacher’s unions at least so far?

Their is no union for teachers in self financing engineering colleges

Have you lodged complaint with authorities as already indicated.

No. since i have to produce my submitted certificates in the new institution i have joined, i am little bit constrained with time. so i am tryiying for external settlement till day. But it is not working as a result moving leagally is the only option for me now.

At clause 8 it is stated that any change can be made and will be effective immediately. Any change in service conditions seems to have been communicated to you.

Their is no such communication during my service period.

At clause 9 it is stated that duplicate be returned as token of acceptance.

Yes. it is submitted in the college office

IN letter by college it is claimed that you were briefed (only you would know it was briefed or not?

No

And If NO: you can decline to accept if any briefing was made!) that notice period is 90 days, however pursuant to briefing notice period of 90 days was not inserted in appointment letter that was signed by both employer and employee hence there is no such condition, on record.

Yes

I have some questions which needs clarification regarding this

1. which are the authorities that i can consult for this problem?
2. how much time it will take to retrive the certificates?
3. what are the actions that can be taken by labour office regarding this?
4. is their is any legal complication in this case?

You did not answer any of the points raised, in other thread initiated by you at:

https://www.lawyersclubindia.com/forum/Employer-withholding-degree-certificate-121477.asp#.VX6ZbVJ-hkg1.

Your pointwise reply shall rather help you. So post it.

You may also reply to :::::Have you ever demanded to return the original educational certificates in writing under proper acknowledgment e.g. in your letter dated: 24.01.2015? You are in which state? The college is in which state?

In reply to your letter dated 24.01.2015 the employer has (intentionally perhaps) avoided to mention that your original educational certificates can be released……………and has willfully written certificates/experience certificates……………….in place of original  educational certificates.

There are many Teacher’s Forums/associations for private colleges too. You have to ask around.

It has already been posted in other thread the authorities that you can contact, moreover teacher’s forums/associations leaders/lawyer can also guide to other authorities………………….and that only your lawyer can brief you on time that it can take…………..merits and remedies and complication if any, after examining all documents on record and your inputs.

Teacher’s are not covered as ‘Workman’.

You may check if the college for private gains is registered or covered by Shops and Establishments Act of the state and your counsel may opine that you are covered by the def. of ‘Employee’ and can approach the Inspector appointed under the Act (for recovery of your certificates)…………………It has already been posted that you can approach police as your original certificates are your personal property and employer can not have any lien on it.

Moreover no state, regulator seem to have authorized retaining original certificates……………..as collateral.

Your lawyer can advise you further.