What is the legal procedure to obtain my original certificates in case the company has retained them?


In India, there may be no regulation which states that it’s miles obligatory for an worker to publish it is orginal files to the agency. … Companies usually make it obligatory for the personnel to publish its authentic report upon becoming a member of to keep away from any hassles going forward. It is prison for an worker to keep the certificate or files for the motive of verifying the credentials of his/her personnel. An agency can not keep the authentic certificate of its personnel as protection and pressure its personnel to paintings for him.

Send a prison word to the control to go back your authentic files at once. Complain the unlawful movement of the control of this business enterprise to the jurisdictional Labour Commissioner and apprise the Labour Commissioner of the harassment meted out to you via way of means of the business enterprise and request him to solve the issue.

The agency’s movement is unlawful and is infringing your Fundamental Right. By manner of regulation or via way of means of manner of some other provision of provider contract, he can not maintain your originals. By doing this violation of Section 23 of the Indian Contract Act as it’s miles unconsciable provision and that unique provision could be declared “”null”” via way of means of the courts. You even have a Fundamental Right beneathneath Article 19 of the Indian Constitution in which you may pursue your very own profession or commercial enterprise and nobody can infringe it.

Reference: The Constitution of India, 1950
Article 19

Indian Contract Act, 1872
Section 23 – – AHG43 – 202100553 – 23 – 52 – 2021001552021004110297


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