LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Koushik Choudhury   27 February 2024

Seeking legal guidance for appraisal dispute

Subject: Seeking Legal Guidance for Appraisal Dispute

Dear Corporate Legal Experts,

I trust this message finds you well. I am reaching out seeking guidance on a matter of professional concern. I am an employee at [Your Company], currently stationed at a project site in the western part of India. My annual appraisal for the fiscal year 2023 has resulted in an "Under Performed" rating, which has consequently made me ineligible for the Employee Retention Award as per company policy.

Despite meeting the annual targets and providing evidence to support my performance, my supervisor has given me this rating without providing any substantial reasoning. Feeling aggrieved by this decision, I believe it necessitates legal intervention.

In light of the above, I seek your advice on the following:

  1. Filing Location:

    • Should I file a petition against my boss at the Pune Head Office (where my pay slip is generated) or at the local court nearest to our current project site?
  2. Time Limitations:

    • Are there any time limitations or deadlines for filing such a case?

I am committed to seeking a fair resolution to this matter and would appreciate your valuable guidance to navigate this process effectively.

Thank you for your time and consideration.



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     27 February 2024

Before esclating the matter throgh legal forum, you may submit a representation to the top management for its intervention and to redress your grievance.

If that is not fetching the desired results then you may approach the legal forum within the jurisdiction where you are employed.

1 Like

Real Soul.... (LEGAL)     28 February 2024

You should file your representation within the department not in court at first instance, if they failed to redress your greieviance then file for writ petition

1 Like

Koushik Choudhury   28 February 2024

Thank you sir for your valuable advice . After I was rated 'Under performed" by my boss , I approched higher authority (My super boss) but they too refused to discuss on the decision taken by my boss. They supported my boss's decision and said me verbally to resign.

Now I have to leave the organization and on the top of it I will not get my "Longivity bonus and annual year's bonus"

That's why I am planning to move my boss to court for explanation of my "Under rating"

Can I know the time limit of filling such a writ petion plz

T. Kalaiselvan, Advocate (Advocate)     29 February 2024

You are welcome for your udnerstanding.

You have all rights to get your grievances redressed through a legal forum including court of law.

You may discuss with an experienced lawyer in the local and proceed as suggested 

1 Like

Koushik Choudhury   01 March 2024

Is there any time limit of filing a writ in court ?


T. Kalaiselvan, Advocate (Advocate)     01 March 2024

There is no time limit to file writ petition but it would be advisable that you can file one at the earliest in order to avoid unpleasant situation, provided you are really serious to file a writ petition

1 Like

Koushik Choudhury   04 March 2024

Thank you sir .I will go to court for sure as I am not wrong and my boss has hit me in my belly by not paying the Long service bonus.

The purpose of enquiring about Time bar is that as I am serving my notice period I dontwant  my other money like - PF , SUPERANNUATION , GRATUITY getting held by the org.So  , Once I am out of org , I will file the case.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register