Lawfarm Team
in Criminal Law Corporate Law Contracts Law Civil Law Constitutional Law Labour Law
Asked May 23, 2016

possession of original certification

  • 1 Answer
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I joined a BPO company 3 months before. At the time of joining company HR asked us to surrender our original certificates for formality, So, I surrendered my Educational ( Provisional, 10th and 12th) certificates, and didn't sign any bonds. At the First month they paid 3000 only, (Reduced the training charge). In the last week  of the Third month  I got severe fever. My family advised me not to do Night shift work, So i stopped going to the company. They withheld my third month salary. I asked my Certificates From HR Person, but they told me to pay 2 months salary, They didn't tell this condition while joining. How I Can Get Back My Originals Please Help Me.

Answer 1

Retention of original certificates by any third party is not legal in India as it prevents other employment opportunities for the individual employee. Article 19(1)(g) of The Constitution of India, 1949[1] provides every citizen with the right to practice any profession, or to carry out any trade or business. Any such retention, preventing individuals from applying for other jobs, goes against the Indian Constitution and hence, is illegal in India. Also, as per S. 23 of The Indian Contract Act, 1872[2], any contract which is ‘forbidden by law’ is a void contract. Moreover in your case, there is no bond between you and the company which can in any way justify the retention of your original certificates. Now, to get your original certificates back, you can take the following steps-
  • You can send a legal notice[3] to the company. This would serve the purpose of indicating the company that you are willing to take legal action against it if your demand for return of your certificates is not fulfilled.
  • You can also file a police complaint against the company. If the company does not return your original certificates, you can take more severe step and file a police complaint against the wrongful retention of your certificates.
  •   These steps should serve your purpose; however, if these steps fail to yield the desired result, you can approach the civil judges or the metropolitan magistrate court with a private complaint. You can either pursue a civil case against the company for damages and can demand compensation or you can file criminal proceedings for the offences of Cheating and Criminal Breach of Trust under S. 420 of the Indian Penal Code[4].    [1] Available at: https://indiankanoon.org/doc/1142233/. [2] Available at: https://indiankanoon.org/doc/1625889/. [3] Format available at: http://www.affidavitformhub.com/legal-notice-format/. [4] Available at: https://indiankanoon.org/doc/1436241/.
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