NEITHER THE PROBATION PERIOD IS EXTENDED NOR CONFIRMATION IS ISSUED, WHAT WOULD BE THE POSITION, IF EMPLOYER WANTS TO TERMINATE SUCH AN EMPLOYEE IN THE EYES OF THE LAW

Such employee can be terminated treating him as a probationer. Such employee will not be deemed as permanent.

Completion of probationary period or continuous working after that would not mean automatic confirmation in service. Non issuance of formal letter of extension of probation period, and mere completion of probation period would not lead to automatic confirmation. It has been so held by Delhi High Court in the case of Himanshu Bhatt vs. Indian Railway Catering and Tourism Corporation Ltd.

Supreme Court in the case of Head Master, Lawrence School, Lovedate vs. Jayanti Raghu, has also held that confirmation of a probationer can only by a written order.

Calcutta High Court in the case of Manjit Singh Bawa vs. Food Corporation of India, has held that a probationer will not become permanent even if he has continued to work after expiry of the maximum period. Simple discharge without any stigma will not be construed as stigmatic as held by Supreme Court in the case of Pavanedra Narayan Varma vs. Sanjay Gandhi Post Graduate Institute of Medical Sciences.

 

By Dayanand Mangaonkar