Can a Teacher Demand a Copy of His Service Book Post-Separation from a Private School?

Dear Sir/Madam,

A teacher who was appointed by a trust in a private school has requested a copy of his service book from the management after his employment ended. However, the management is not providing it and seems to be intentionally causing confusion and delays. Does the teacher have a right to obtain a copy of his service book? Can he seek legal recourse against the management for this? I am seeking guidance on this matter. The incident is taking place in Gurgaon, India.

Indeed, it can be a stressful situation for the teacher. Yes, the teacher does have a right to access his service book. Service books are meant to record an employee's career progression, including his/her duties and responsibilities at different points in time, performance appraisals, and other relevant details.

There are no specific laws in India that mandate private school management to provide a copy of the service book to the employees. However, it is considered a good HR practice and is seen as part of the right to information which a worker holds about his/her work history.

Here is a step-by-step guide on what can be done:

1. The teacher should write a formal letter to the school management requesting the service book. This should ideally be done via registered post or email, to have a record of the communication.

2. If the management still refuses or delays the process, the teacher can approach the local education department or the trust that appointed him. They should be informed about the issue and requested to intervene.

3. If the above steps do not yield results, the teacher can approach a labor lawyer and discuss the possibility of filing a case in the local labor court. The lawyer will be better able to guide on the feasibility and process of pursuing legal action based on the specific circumstances.

Remember, it's essential to keep a record of all communications and actions taken in this regard, as they might be needed for future reference.

It's worth noting that this advice is based on general HR practices and the right to information. For more specific advice, it's always best to consult with a labor lawyer or legal expert in India.