Employer Withholding My Original Marksheets for Over a Year – How Can I Get Them Back?

Hi, my previous employer refused to release my original marksheets even after one and a half years. I had already sent a second reminder, but to date, I have received no response. I need help and advice, please.

I hope you have received the original certificates from the employer. If you have, please bring them along with the other correspondence you have made to retrieve the original documents, your offer letter, salary slip, resignation letter and its acceptance, relieving/clearance letter, and your F&F settlement details to a reputable lawyer. They can assist you in recovering the certificate.

You may also consider approaching the local police station under the jurisdiction of your former office to file an FIR. This action can prompt them to take necessary steps against the company.

Best regards,
[Your Name]

Holding the document is against the law. You need to approach a lawyer to take the employer to court.

Thanks, friends. My former employer was a private finance company. I had served for 5 years. There was no permanent employment; none was made permanent. I got a new job in a rural bank, so I left the job. I have all copies of my resignation letter, reminders, and agreements for the submission of my marksheets. In the agreement, it was stated that after serving for 3 years, all marksheets should be returned to the concerned person, but none were done. The only mistake I made was that as per company rules, I have to give 3 months' prior notice for resignation, but I got the new job all of a sudden and left. As per the rules, action will be taken by the higher authority, but there were no specified action details. There was no contract or bond signed either.

One interesting thing is that I received an audit report explanation, called to clarify account discrepancies within 3 days; otherwise, my marksheets won't be released. Promptly, I submitted an explanation clarifying all account discrepancies. After that, I didn't get any further response. I even sent 1st and 2nd reminders but got no response till date. I don't get my last 25 days' salary, and there was no EPF provision in my former company. So, friends, shall I lodge an FIR or send a legal notice, or what would be the most appropriate step?

Lodge an FIR to claim that your mark sheets were lost, then apply to the university for a replacement.

Thank you.

Hi, my suggestion is to contact your area Deputy Commissioner of Labour, who can help you. Try to identify the said officer and have a discussion with them so that they will be in a position to help you in getting your certificates. All the best.

I hope you have certain proof of delivery of your mark sheet to your employer. You also seem to have sent them reminders to return these. Your mark sheet is a form of property that you entrusted to your employer. Now, since you are demanding the return of these, he is declining to do it. He has committed an offense under Section 406 of the IPC. Send him a legal notice on these lines through an advocate. I hope he will return the documents, or you can file a criminal complaint or lodge an FIR.

Regards,

One of my friends rightly suggested lodging a GD at your local police station, stating that your marksheet is lost from your house. (Don't expect the police to lodge an FIR for a marksheet because, in India, even rape case complaints are sometimes denied by the police, so a GD is good enough.) Then apply for a duplicate marksheet from your university. It is the smartest and easiest way. Going legal is not good in every case; it is costly and time-consuming.

Please don't try to lodge any complaint against the company at the police station. Your company has money; they can easily turn things against you by using their financial power. Just lodge a lost complaint. Make an application addressed to the Local Police Station in charge, stating that your marksheet is lost from your house. Go to the police station with this application (in duplicate) along with a photocopy of the marksheet (if you have one). They will just note it in their general diary and give you the diary number with the rubber stamp on that application. Then apply for a duplicate at your university by submitting that GD. It may take up one or two days of your time. However, going through the legal way can waste numerous days and money too.

All the best.

Legal and Non-Legal Approaches to Retrieve Your Documents

I would suggest two ways: the first one is legal, which may cost you, but it is the way by which your company will come to know that this can happen to them. If a case stands in court, there is no escape for your company as you have all the evidence.

Another way is to try to meet the manager of the concerned company or management people and tell them if you don't get your documents back, you will take this issue to the media. I suggest you should not give them more than 2 days to return your documents. Why give them more days? As you know, the media is the most powerful way to expose such types of people or companies.

Regards,
Vinod K

Hope you have recorded the meeting/call and have evidence. The original certificates are your property, and the employer cannot have any lien on them or keep them as collateral. It is illegal, an offense, and you can lodge a police complaint.