balaa K7 06 March 2019
Suhail suhail (LAWYER) 06 March 2019
Some companies ask for original certificates and keep as security so that the employee may not abscond, though they can keep certificates untill their verification and should return back. But if with the employee agrees at the time of employment that the original certificates will be in the custody of employer he can get them back at the termination of services .
If the employee does not objects the retention of certificates during its employment it may amount to agreement. During the employment if the employee asks for certificates and the eployer does not return that would amount to seizure for which an employee can file complaint.
In C.Shanthi V/S Vel Tech High Tech. Engineering college The Madras high court gave ruling in the matter ,where employee was asked to submit resignation and demanded damages against her certificates .The Court directed the employer to return the certificates and not ask for any damages.
You had a good chance to get the employer directed by the court to release the certificates during the litigation.
Now you should submit a written communication to your comnpany and demand your certificates back if they failed to release them then yopu can opt for legal action
balaa K7 06 March 2019
balaa K7 06 March 2019
Suhail suhail (LAWYER) 06 March 2019
No ,you should file a petition in Bengaluru only, but first try to prssurize them to release the certificates .You must be having proof that the certificates are with them otherwise they may not deny and then you are in problem.
Do you have any receipt from them or any admission from them that they retain your certificates ?
balaa K7 06 March 2019
Suhail suhail (LAWYER) 06 March 2019
No i am asking they accpet that your certificates are with them and you have written proof for that???
balaa K7 06 March 2019
Suhail suhail (LAWYER) 06 March 2019
Then don' pay a sigle penny as you have completed your term of two years already.
Just send them acommunication and inform them to release the certificates otherwise you will take action by filing complaint and shall sue for damages.
Their retaining the certificates is not legal at all.
balaa K7 06 March 2019
Suhail suhail (LAWYER) 06 March 2019
But you say the court rejected their demand for payment and you can take adnantage of that order.
Just mention as per the court order you are liable to be released.
Make soft writen communications first and see the reaction.You can file a petition in high court but that will take time ,just try to solve amicably first.