Initially you can challenge it in labour court and later on in High Court. Are you in possession of any letter issued by your employer showing you as under performed?. The employer should have issued you a letter to that effect and the employer should have given you an opportunity to be heard. If this is not followed by the employer and unilaterally takes a stand against your interests, then the same can be challenged in Labour court. Another thing is you can complain about this to the Regional Labour Commissioner.
Jurisdiction for my case
Hi, I was working in IT company as Senior Manager , My variable pay for last year was 97% and still company did my appraisal and showed me as under-performed.Now if I want to challenge it in court then in which court shall I challenge this decision.Will it be labor court or High Court. Regards Yogesh.
Asked 10 years ago in Labour
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
7 Answers
HI,
you have to approach a civil court, as you are in senior managerial position , labour courts do not have jurisdiction to try your petition. send notice to your employer and approach the civil court with all sufficient documents to prove that you were eligible and you are declared as under performer.
Since you are not a workman as defined in I.D.Act,you can file case in civil court after serving them with a legal notice through a lawyer.
Hi Thresiamma, I have already filed petition in labour court and now it doesn't have any jurisdiction so can I approach Mumbai high court with prohibitive writ petition to prohibit labour court from taking that case and transfer that case to Mumbai high court itself. Regards Yogesh.
Asked 10 years ago
You can withdraw it from labour court with leave to file in civil court.
Hi,
No , No scope for such writ now. now withdraw the petition and approach a civil court of your jurisdiction, . You should file a withdrawal application with the permission of the court praying to allow you to withdraw the matter and file it in the appropriate civil court .
I would like to recommend you to read the following link for more clarity.
http://www.ijtr.nic.in/webjournal/4.htm
You can withdraw the case from the Labour Court and take recourse to a remedy in civil court. The Labour Court otherwise had no jurisdiction as you are not a workman under section 2(s) of ID Act and secondly the dispute is an individual dispute and not an Industrial Dispute.
In civil suit you you claim the variable pay as applicable to you. The employer can not arbitrarily show you as under performer. It is violation of natural justice.
1. What is the use of tye WP?
2. It will be difficult to get tye bdesired order from the writ court,
3. Make sure that the rating of your perfiormance is based strictly on your variable pay percentage only,
4. Withdraw the case from te labour court and file it before the Civil Court.
