• Promotion reversed without giving any reason after 19 months

I was promoted to next higher grade on 01-04-2011. i was forced to resubmit performance appraisal form in Oct 2012 and within 1 week i was reverted back to old grade and designation. As usual probation period was of 12 months only. any legal action can be taken against employer?
Asked 1 year ago in Labour from Vadodara, Gujarat
1. When once the probationary period is satisfactorily completed to the best satisfaction of management ,and confirmed in the post as a regular employee by the management, the management can not again impose probationary period, subsequent to any performance appraisal report.
2. Challenge the reversion in Labour court and before that send a lawyer's notice to the management to set right the things within a target time.
Shashidhar S. Sastry
Advocate, Bangalore
1241 Answers
59 Consultations
5.0 on 5.0
1. Within the normal probationary period of 12 months, the employer was satisfied with the performance of the employee and that is the reason why nothing was given in writing within 12 months by the employer.
2. It is an after thought by the employer by forcing you to resubmit performance appraisal and then after 19 months taking back promotion, the same can be challenged in a court of law.
3. You are at liberty to take action against the employer for practising unfair trade practices.
Shashidhar S. Sastry
Advocate, Bangalore
1241 Answers
59 Consultations
5.0 on 5.0
1. Is you company a Govt. owned company or from private sector?

2. What is written in your appointment letter and what is your promotion policy?

3. You stated " i was forced to resubmit performance appraisal form in Oct 2012". Had you submitted your apprisal form earlier which you were forced to resubmit? If yes, then who forced you to do the said act against your wish?

4. If you were forced to do any act against your wish, you are supposed to complain before the police,

5. If the resubmitted apprisal form is the cause of your reversal of motion, then you can lodge the police complaint now also.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Understand that you were under probation after the said promotion,

2. What was your probation period?

3. Normally probation period is for 152 months only after which the new post/promotion is confirmed or probationery period is extended,

4. The company may refuse to confirm the promotion after the completion of the probationary period or extension thereof and in that case you will be reverted to your earlier post though it is hardly done in practice.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. After completition of your probationary period, did the employer extend it in writing?

2. If no, then you can challenge the said refusal to confirm your promotion even after your probationary period has not been extended thus making your promotion confirmed by default.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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