Advice on resignation

A contract is a contract whether made on a stamp paper or on the company's letter pad.  However, the demand for money to return the document is illegal and invalid by law.  You may issue a legal notice stating that you have resigned from your employment and have been duly relieved but your original documents have not been returned despite many personal requests hence you are issuing the notice demanding the return of the same, by allowing a stipulated time for them to react to your notice.  In case you are not satisfied with their reply or if they fail to comply with your demand, you may approach court of law demanding the relief sought for.  Also please see that if there is a mention of any amount in the contract paper and suppose the contract has been made on a plain paper(company' letter head also), if no stamp duty has been paid, it will lose the status of the money demanded based on the agreement.  

Mr. Kalaiselvan has given valuable advice. Kindly follow it.

Did the company ask to submit certificates in writing?

The original educational certificates are result of many years of education, are personal property of the employee and employer can not have any lien on it.

There are court judgments declaring such tactics of the employer as illegal, unlawful………….e.g;

Dr.S.Rajesh vs The State Of Tamil Nadu

indiankanoon.org/doc/1028571

Record (audio/visual) the transactions while the demand for monies for returning the original certificates is being made and keep some witness.

The Bond/service agreement has to be in lieu of some extra ordinary favor by company, expense incurred by it on specialized training that added to extra ordinary skills, qualification…………

If no such expense is incurred by company the claim on Bond/liquidated damages may not stand the test of law…………………………………The courts of law would look into reasonableness of the matter and reasonable amounts if any…………………

The agreements are crafted and original certificates are collected to exert pressure and many of the cases employers may not resort to legal approach.

You should approach your labor consultant/service lawyer with copies of all of your docs, including but not limited to job advertisement, job application, offer letter, selection letter, offer letter, appointment letter, bond, communication asking you to submit original educational certificates, receipt issued by company for certificates………………..spend quality time with your lawyer, give inputs, and understand the merits and proceed under expert advice of your lawyer.

In the meantime go thru the attachments.

Another similar query is posted at:

https://www.lawyersclubindia.com/forum/Advice-on-termination-90640.asp#.UmFN8tKAqWN

Attached.

Dear all, 

Thank you for your valuable feedback. We have a copy stating that our originals have been kept under them and it will be returned on the completion of 18 months.

 @ Niharika,

Other threads initiated by you:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=90639&offset=1#.UmIqytKAqWM

https://www.lawyersclubindia.com/forum/Advice-on-termination-90640.asp#.UmImO9KAqWM

The original educational certificates can not be asked for, collected, or retained as collateral.

Did the company state in writing ever say in job advertisement, interview call letter, offer letter, selection letter, offer letter, appointment letter, bond, any communication asking you to submit original educational certificates……………

Record the demand for monies to release the educational certificates and generate evidence.

Approach your lawyer.

Issue notice by name to one and all including Line managers/HR persons/Appointing Authority/MD etc by name who had asked to submit certificates and have signed on receipt.

Dr.S.Rajesh vs The State Of Tamil Nadu

indiankanoon.org/doc/1028571

in PDF format is not getting attached properly and  is attached again word format.