Stuck Without My Relieving Letter and Marksheet: How Can I Get My Documents from My Former Employer?

Hi Everyone, I had been working for an IT company for about 1.1 years. When I joined, I signed a document stating that I have to serve for 2 years, and if I leave before that, I have to pay 3L.

I have now submitted my resignation, and they have asked me to complete the project first before we can discuss further. I have completed the project and shared all the necessary documents with them. They informed me that "08April20" was my last working day. Since then, I have been requesting my documents (relieving certificate and original mark sheet).

The reason for my resignation was that the company was not paying my salary (8 months' pending salary for me). I was unable to manage my expenses, so I decided to look for another job, and fortunately, I found one. However, they are now not cooperating in providing me with my relieving/experience letter and original mark sheet.

Please suggest what I can do to obtain my relieving/experience letter and original mark sheet.

Please issue a legal notice to the concerned office, indicating a one-week deadline to fulfill your requirements. If they fail to comply, proceed as advised by a trusted advocate.

They have no legal right to retain your original marksheets.

Non-payment of salary is also a civil offense.

Take legal advice and pursue the matter.

Acquiring and Withholding Original Documents

Acquiring an owner's original documents or certificates, then seizing them and withholding the same despite requests and reminders, undoubtedly amounts to "stealing the property" of the affected owner. This is a gross offense under the law. Therefore, the lawbreaker ought to be brought to justice lawfully, and new recruits in the workforce need to be alerted.

This opinion is for information-sharing, being mindful of the adage, "Prevention is better than cure."

Regards, Harsh K Sharan, Kritarth Consulting 23.5.2020

Can anyone confirm whether I can file a police case against the company, considering my situation and what I have mentioned in my post...