• Employer not returning original certificates

Hello Friends,

Good Day!

My friend was working in a unaided school in Kerala. She was one of the best teacher of the school. Recently principal banned mobile phone with in the school. She was not interested to obey that rule. So, she asked the permission to resign from the school. But principal not allowed her to resign. So she stopped going to the school.

Now:
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1. Principal is saying that she is terminated from the job.
2. But she didn't get any termination letter yet. They didn't handover it yet.
3. Principal also telling that, he will not give back her certificates.

Other information:
================
1. She didn't sign any bond or contract when joining the school.
2. She gave her original certificates as a security to the school management.
3. But she didn't receive any offer/appointment letter from the school.
4. They didn't gave her any receipt/acknowledgement when the original certificates are handovered.

Now, school principal always abusing her in her absence. He is saying others that, she is pregnant (She is not married yet) and that's why she left. He is telling he will teach her some lessons, etc.. Unfortunately the management is very wealthy and have great political influence.

Is she trapped?  Is there any way to get her certificates back (As she don't have appointment letter and receipt of original certificates).

Kindly help!
Asked 2 years ago in Labour from Cochin, Kerala

Ask her to issue a legal notice asking the principal to cease and desist from any kind of defamatory statements etc. and in the same notice also tell them to courier the certificates. If they fail you can seek writ remedy. Try to have all communication recorded/stored for future usage, all of which would have evidentiary value.

Ayantika Mondal
Advocate, Bangalore
6 Answers
6 Consultations

4.0 on 5.0

File police complaint under section 406 of IPC fir criminal breach of trust

2) you don’t have any receipt of original certificates ha deed over to management

3) difficult for you to prove that originals are with management

Ajay Sethi
Advocate, Mumbai
74617 Answers
4462 Consultations

5.0 on 5.0

Give the principle notice regarding returning of original documents also ask him in notice to.stop making these remarks.

Ask her to collect evidence of employment and a A case against criminal.brech of trust 406 IPC can be registered.

Shubham Jhajharia
Advocate, Ahmedabad
24354 Answers
96 Consultations

5.0 on 5.0

No employer can refused to return the original certificates taken at the time of joining of the job.If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- The principal cannot terminate her without informing her by a written notice. Principal has done against the legal procedure , and further legally he cannot withhold her certificate in question.

After going through your submission, it is looking that they are trying to cheat/trap her with a well planned game.

So, without any delay , she should lodge her written complaint to the higher police official and also to the education department of her jurisdiction against the school administration after narrating all the facts and thereby she should prayed to handover the original including compensation.

- No problem , if she is not having any proof of joining or submitting original.

- Once the matter will come before the police or education department , it will the duty of school administration to deny the complaint.

Unaided school also work under the umbrella of education department of the state.

Mohammed Shahzad
Advocate, Delhi
2600 Answers
35 Consultations

5.0 on 5.0

Dear Madam,

Trust me, she will get her certificates. It will assumed that her academic certificates are with the Institution. At least now try to create some documents that they are refusing to return the same. She can file civil and criminal cases. Collect some audio records about abuses. Lodge complaint with higher educational officers. Rest assured. Please Call me.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5291 Answers
172 Consultations

5.0 on 5.0

She's not trapped.

Neither she could have been terminated in this matter, nor original certificates could have been confiscated by the Principal.

She must immediately send a legal notice to the concerned principal.

If the needful is not done by the Principal despite the Legal Notice, you friend should take help of the Police and get a FIR lodged in the matter.r

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

Get into a deliberate conversation through email, call, chat whichever is comfortable for you all, clearly make them admit or you state it and let the other party affirm the same. If you need to approach the administrative staff for this do so. You can seek help from her ex-colleagues in getting this done. If you manage to get the evidence you can move to a court and seek the return of the same.

An alternative would be to make an application at the University, stating you have lost them and get the certificates reissued.

Ayantika Mondal
Advocate, Bangalore
6 Answers
6 Consultations

4.0 on 5.0

She can have record of conversation,letter, phone email where the managment states that it has the document and it doesnot wish to return.

This can try recording phone call by politely requesting the principal to return document and if he refugees same can be used against him.

Shubham Jhajharia
Advocate, Ahmedabad
24354 Answers
96 Consultations

5.0 on 5.0

1) send email to management to return original certificates

2) send reminder after week

3) if management does not deny having original certificates it would help you in your case

Ajay Sethi
Advocate, Mumbai
74617 Answers
4462 Consultations

5.0 on 5.0

The best way is negotiate with them and clearly state that you don't want to continue.

If you are not looking any legal action then just resign with the details of your certificate to be returned on the receipt of the resignation.

In case the school still not ready to return the certificates which they have no authority to hold just file a FIR against the principal for haressment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

1. Could you kindly tell me (or suggest me) how can we collect the evidence to prove 'her certificates are with them' ?

Ans: You can immediately lodge police complaint and if they do not cooperate with you then file private complaint under section 200 Cr.P.C before Magistrate. Interim application under section 91 Cr.P.C may be filed seeking search and seizer of original certificates from the office of principal. Such direction will be issued to higher police officers by the Court.

2. Is there any chance of failure (If we are moving legally rather than begging) to get the certificates back ? (Because we don't have receipt/acknowledgement of certificates)

Ans: You may alternatively file a missing/lost complaint in police station and get an endorsement along with FIR and then approach concerned authorities for issuance of duplicate academic certificates.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5291 Answers
172 Consultations

5.0 on 5.0

1. Record such conversations with them where they refuse to return you your certificates.

2. Off course you have chance and consider that even if we presume for a minute that you stand no chance, please tell is there any other way t tackle the present situation?

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

This is the principal's personal vendetta agaisnt the teacher hence he is trying to torture her.

He is not an authority to decide about her termination or to retain her certificates.

She should first send a legal notice demanding relieving letter on the basis of her resignation letter and also demand the return of her educational certificates.

A copy of this notice to be endorsed to the District educational officer and to the top management for information and interference.

After that the principal can be dragged to court of law for relief and remedy.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

1. Could you kindly tell me (or suggest me) how can we collect the evidence to prove 'her certificates are with them' ?

You dont have to prove that the certificates are held by them. You can just communicate to them demanding the return of certificates handed over to them at the time of appointment, this will be sufficient to prove the same.

2. Is there any chance of failure (If we are moving legally rather than begging) to get the certificates back ? (Because we don't have receipt/acknowledgement of certificates)

Subsequent legal action against the principal, with the involvement of the District educational authorities and the top management shall provide you relief.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

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