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.
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 10 years ago in Business Law
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14 Answers
Thank you for your reply!! I have all the written proof with me their Signed Undertakings, their phone calls and e-mail chains with me. So do I need to first contact the nearest Police Station for Complaint, or directly go for this Case? Regards,
Asked 10 years ago
Contact the nearest police first. The police on the basis of your complaint can take action even before registering a formal case.
Ok. Yes will do the same, the only thing which I am worried about is that the College Management has lot of money they will definitely try to influence the authorities with it. I tried a lot to solve the matter with mutual consent, as I even don't want to be in hassle, but they are not talk.
Asked 10 years ago
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
Oks. And this Legal Notice can be sent via Lawyer without filling any police complaint, right Sir?
Asked 10 years ago
Yes. Police complaint will not be fruitful in your case. Sending legal notice is better option.
Okay. Thank you. Well I was suggested by another lawyer that "Write a formal letter to the institute and send it by the registered post. In case the institute does not respond then you write to directorate of education and simultaneously file police report against the institute. In case the DOE also remain silent for 30 days then you can get the reply under RTI." So can it be useful?
Asked 10 years ago
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
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
I do not think sending a notice will yield desired result.
However there is no harm in first trying this method.
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.
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.
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,
query is resolved
Thank you so much everyone for your Time and valueable Advice. In the meanwhile I was trying for last mutual Call with my Employer, but it was in vain. Please let me know about the charges of a lawyer for this legal notice. You can send me a separate mail at [deleted] Regards, Rajinder
Asked 10 years ago
you have to contact lawyer to know how much you would charge for issue of legal notice . fees vary
As the College is there is Roorkee, so Can I lodge a complaint here in Delhi to my nearest police station? Or can police in-charge ask me to go back to Roorkee to file a complaint in this....
Asked 10 years ago
you can file complaint in delhi before local police station and it will be transferred to roorkee
okay. So sir, in that hope I need not to go there in roorkee. As I am working somewhere else and in case it would involve visiting roorkee so that can hamper my present job.
Asked 10 years ago
for recording of your statement you may have to go to roorkee