• Original documents kept by previous employer

Dear Sir/Ma'am,


I recently left my job with an Engineering Institute 2 months back. So as there policy at the time of joining, they submit my Original Educational Documents with them and gave me a undertaking for this that they will release my documents at the time of relieving.


Now its been 2 months and they are still holding my half months salary and Educational Documents with them, and even not ready to release them.


I was working in the placement department, and with my departure the complete department is handicapped, and my employer wants me back, for this they are putting false allegations on me, and which they are not having any proof for this.

In an e-mail they agreed that yes they are holding my documents & salary and they will release it soon, long time back. But now they are threatening me.


Please suggest me what legal actions I can take in this regard.


Best wishes!!
Asked 2 years ago in Business Law from New Delhi, Delhi
The e-mail communication will be of great help to you.
Do file a case of criminal breach of trust against them /s 406 IPC for withholding your certificates which is a criminal offence.
Devajyoti Barman
Advocate, Kolkata
5160 Answers
54 Consultations
4.9 on 5.0
Contact the nearest police first. The police on the basis of your complaint can take action even before registering a formal case.
Devajyoti Barman
Advocate, Kolkata
5160 Answers
54 Consultations
4.9 on 5.0
1) college management has no business in withholding original documents  .

2) it is better you first issue legal notice to management to return your documents and pay your salary arrears . 

3) if no reply is received then file complaint with local police station under section 406 IPC for criminal breach of trust . 

4) if police refuse t register a complaint then you can file complaint before magistrate under section 156( 3) to direct cops to investigate and submit report
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Yes. Police complaint will not be fruitful in your case. Sending legal notice is better option.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Formal letter has no value and RTI will be applicable only in govt. Department if your employer is govt. Dept. Then Rti may be useful otherwise not. 
when they admitted all things then legal notice is best option
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1) yes legal notice can be sent by registered post AD without filing police complaint . 

2) if you dont want to spend money on legal fees then write formal letter to institute and send it by Regdpost Ad . the reason why we advised legal notice was that institute has not released your certificates for period of 2 months inspite of number of reminders 

3) you had also in your query specifically mentioned that you wanted to know what legal action can be taken  against the said institute . hence we advised issue legal notice . 

4) you can also write to Directorate of education  as suggested by your lawyer
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
I do not think sending a notice will yield desired result.
However there is no harm in first trying this method.
Devajyoti Barman
Advocate, Kolkata
5160 Answers
54 Consultations
4.9 on 5.0
Send a legal notice through a Lawyer and wait for their reaction.  If results are not forthcoming, act as per the advise given by my learned colleagues.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1. Keeping deposit of educational certificates as security by the employer is illegal,

2. Immediately send a legal notice for returning your the said documents with the pending salary with in 15 days,

3. If your said notice is not responded favourably, lodge a police complaint u/s 406 of IPC against the Company under copy to the S.P.,

4. If the police fails to act, file a petition before the Court u/s156(3) of Cr.P.C. praying for direction upon the police to investigate and act based on your complaint,

5. Police will act now, 

6. If the police still does not act, file a writ petition before the high Court against the inaction of police.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Keeping t of educational certificates as security by the employer is illegal, send a legal notice for returning your tdocuments with the pending salary with in 15 days, responded favourably, lodge a police complaint u/s 406 of IPC against the Company under copy to the DCP and Commissioner of Police,you can also  file a complaint the Court u/s156(3) of Cr.P.C. praying for direction upon the police to investigate and act based on your complaint,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
query is resolved
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
you have to contact lawyer to know how much you would charge for issue of legal notice . fees vary
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
you can file complaint in delhi before local police station and it will be transferred to roorkee
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
for recording of your statement you may have to go to roorkee
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0

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