Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Consultant In Legal Matters
Retired From Air India
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
3rd February 2015 From India, Mumbai
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.
3rd February 2015 From India, Noida
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 !
3rd February 2015 From India, New Delhi
#AnonymousPrateek, unfortunately you are not in the western part of the world to take companies to court for such issues! Please discuss with your HR.
10th February 2015 From India, Mangalore