Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
[email protected]
Consultant In Legal Matters
Retired From Air India
Manager Operations
+1 Other

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I recently received my performance appraisal rating for Financial Year 2013-2014. I had moved to a different department in mid 2014 and for some reason my new department decided my performance rating in previous department. First of all my rating was changed. As per the data I should have received the top most rating but I was given the average rating. What added fuel to the fire was that the new department recommended no hike for me and hence my appraisal letter was not released. I wanted to file a law suit against my employer for the same. Please advice
From India, New%20Delhi
Pl specify the details of nature of your organization, your designation and nature of duties performed by you, existing rules on the subject. Thanks Sushil
From India, New Delhi
This is going to be good fun !!
You are going to file a court case against your employer for having given you bad marks in appraisal and no increment.
I hope you are from a rich family.
Because the moment you file a case against them, you will lose your job.
No other employer will recruit you since you are a known trouble maker.
The court should give you a decision in 10 years. In case you will, another 15 years in appeal. Meanwhile you have no income and huge legal fees.
I am sure, If I were to recommend a lawyer for you, I will get a huge commission.
Incidentally, on what grounds (and under which law) will you sue ?
And what relief will you ask for ?
I hope you know that any increment is the discretion of the employer and not a right of the employee

From India, Mumbai
1. Sir, I am doubtful whether a suit or a civil suit will be an appropriate remedy because civil courts, in my opinion,are not having jurisdiction in such matters. Even if the initiator of this thread has a genuine cause, he is required to raise the issue before the authorities created in the Standing Orders as applicable in his case. For example Rule 15 of the Industrial Employment (Standing Orders) Central Rules, 1946 lays down that all complaints arising out of employment including those relating to unfair.........shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer. Further as per Second Schedule as provided under the Industrial Disputes Act, 1947 the propriety or legality of an order passed by the employer under the standing orders can be challenged before the hon'ble Labour Courts.

2. As a matter of policy, the higher courts viz.- High Courts or Supreme Court donot entertain the cases of employees in public sector relating to administration or where there are discretionary powers of the employer for example-transfer and posting, promotions, Confidential Reports relating to Performance, disciplinary matters etc. , hon'ble Courts grants relief only in matters in which the employee is able to probe discremination, malafide or violation of any rules/regulations, non-adherence to the principles of natural justice etc. There may be a number of court judgments in awarding reliefs to the employees in public sector, but such like cases in respect of private sector employees especially in civil suits are hardly available.

3. The Hon'ble Courts entertain any case only after the employee is able to probe that he has exahusted all the channels/opportunities which are available to him as per terms and conditions or rules as applicable in respect of his organisation and employment.

4. Instead of filing any suit, I will suggest to the initiator of this thread to firstly exaust the remedies as available with him under terms and conditions of his service/employment. There may be time-limitations specified under such terms of conditions and rules within which such appeals or representations are to be submitted.

From India, Noida
Dear Prateek,
I guess you are very young and newly employed.Firstly let me tell you that in such cases when there is a change in the department/location the appraisal is done by the department where you have worked for more than six months , that is for the major portion of the appraisal period.Secondly, what our senior member Saswata Banerjhee has said is absolutely correct.It's just a waste of everything money/time and energy to file a case.In management there is something called Jo Harris's window where there are four quadrants.One of them is 'unknown to self,known to others'.May be,you are unaware of your weaknesses.Try to know why you were given only average ratings and think over it.I am sure this introspection will go a long way in your personal development.All the best !

From India, New Delhi
Mr Mehta, I think I am not wrong if I read 'prove' where ever the word 'probe' occur in your above reply. Varghese Mathew
From India, Thiruvananthapuram

Prateek, unfortunately you are not in the western part of the world to take companies to court for such issues! Please discuss with your HR.
From India, Mangalore
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