Employment Bonds and Certificate Withholding: How Can I Get My Documents Back?

I am a graduate engineer who joined a polytechnic college (Nadgir Polytechnic College, Bangalore) as a lecturer in August 2014. At the time of joining, I signed an agreement stating that I would work for 2 years and submitted my marks cards as security. The Nadgir Polytechnic management took advantage of the agreement. Even though I completed all the requirements of the management and was rated as a good employee, the end result was scoldings, forced long leaves, loss of pay, etc.

I decided to leave the college just after 4 months of tenure and resigned on December 19, 2014. Initially, the management agreed to return my certificates on December 26, 2014, but again, the management took advantage of the agreement. I came to know that such agreements are void/null (binding a single person only) and there is a Supreme Court judgment stating that "no organization can keep marks cards as security."

Lastly, I filed a police complaint in person at Basaveshwaranagara Police Station against Mr. Nadgir (Director of Nadgir Polytechnic) to return my certificates. (Petition no PO1426140601699 has been pending at Basaveshwara Nagar PS since December 27, 2014, 14:45:29). Mr. Nadgir, being a big shot with some political background, avoided and managed to escape from the case, and the police simply closed my case without any information.

Queries Regarding Employment Bond and Certificate Withholding

I have a few queries here:
1. Is the employment bond legally valid?
2. Does an employer have the right to withhold the original certificates of an employee?

Kindly advise me on ways to get my certificates back.

Thanks in advance.

Hi,

I understand your issues. As you mentioned, no organizations can withhold the originals. I feel it's better to approach shops and commercial establishments inspector. He may help with this issue.

Hi,

You are correct, bonded labor is an abolished practice. Jeeva is right; approach them or reach out to the Assistant Commissioner of Labor after identifying your jurisdiction.

Given what you mentioned, while going to the concerned Assistant Commissioner of Labour is the most logical step, I doubt whether that would solve your problem, given the influence the College management has. It might be better to go legal and get the Court to pass instructions to return your Certificates. Contact an advocate but also please do due diligence of the advocate before hiring one.

Please note that you have two issues:
1. Bond
2. Holding of Certificates

I do hope you have copies of whatever originals you don't have now, and I also hope you have some written proof that the College is holding your Certificates. Otherwise, the college can always say they didn't take your certificates. All the best.

Regards, TS