Advocate Swati Navani

Questions Answered by Advocate Swati Navani

Q: Transfer / relocation grace period

My company relocated from Navi Mumbai to Pune this year with Intimation in March and movement to be done in June. I made a plea for some additional time till end of this year as being only female employee and bread earner of my family which old ailing mother and a special child to take care. After much mental trauma, today they agreed to my hybrid working till Oct 15th but later said that my 3 mts notice period will be clubbed with this grace period which is not legal. I am under treatment now.

Advocate Swati Navani answered
Clubbing your working grace period with your 3-month notice period without your resignation or a formal termination letter is legally untenable. A contractual notice period can only be triggered upon actual resignation or formal termination by the employer; it cannot be imposed unilaterally while you are actively working.​Recommended Remedies & Legal Steps:​Formal HR Communication: Send a clear email to HR stating that you have not resigned, nor received a termination order. Clarify that the extension till Oct 15th is an accommodation for relocation and cannot be counted as notice period serving.​Medical & Traumatic Hardship Record: Document all medical records regarding your treatment for mental stress caused by this pressure, as it establishes constructive dismissal and harassment.​Labour Authorities / Legal Notice: If the company forces termination or refuses to pay salary post-Oct 15th without proper procedure, issue a legal notice for unfair labour practice and file a complaint with the Labour Commissioner under the Shops and Establishments Act.

Q: Complaint Regarding Retention of Original Documents by Bombay College

I have submitted my application for cancellation of admission. However, the college is refusing to return my original documents, including my HSC marksheet, Leaving Certificate, caste certificate, and other original certificates. The college has informed me that my documents will be returned only after I pay the pending fees of ₹55,000.I urgently require my original documents to complete my admission to another college. The retention of my original educational documents is preventing me from co

Advocate Swati Navani answered
No, the college cannot legally withhold your original certificates or make their return conditional upon paying ₹55,000.​According to the mandatory guidelines issued by the University Grants Commission (UGC) on the Refund of Fees and Non-Retention of Original Certificates, Higher Educational Institutions are strictly prohibited from retaining students' original documents (such as HSC Marksheet, Leaving Certificate, Caste Certificate, etc.) under any circumstance or pretext. The college is only permitted to physically verify the original documents at the time of admission and must return them immediately.​Withholding original documents to demand pending fees amounts to illegal retention and administrative extortion. The college can pursue separate recovery mechanisms for disputed dues, but it has no legal right to hold your personal property hostage, as this deprives you of your right to pursue further education.