TERMINATION OFPROBATIONER WORKING FOR 240 DAYS
Q. Can the services of a probationer be terminated if he completes 240 days’ service in the preceding 12 months?
Ans. Termination of a probationer, as engaged under the Industrial Disputes Act and even completing 240 days, will not amount to retrenchment since it will be covered by clause (bb) of section 2(oo) of the Industrial Disputes Act whereas in the absence of such provisions under the UP Industrial Disputes Act, it will amount to retrenchment.
- The Delhi High Court has also held that the termination of the services of a probationer in terms of appointment condition, during probation, discharged simpliciter without stigma does not tantamount to illegal retrenchment or termination.
- A probationer, even if he has completed more than 240 days service, has no right to have automatic permanency.3 Termination of services of a probationer is not covered by the definition of ‘retrenchment’ attracting section 25F of the Industrial Disputes Act since it does not amount to retrenchment.
Termination of services of probationer as per contract of employment is not ‘retrenchment’ as defined in section 2(oo) of the Industrial Disputes Act as such termination is covered by clause (bb) of section 2(oo) of the said Act.4
References:
- Managing Director, Pradeshik Co-operative Dairy Federation Ltd. Lucknow v. Presiding Officer, Labour Court, Agra, 2011 LLR 799 (All HC).
- Mahesh Chand v. Management of M/s. LE Meridien, 2013 LLR 899: 2013 (3) LIC 3424 (DelHC).
- Raju Kapoor v. Management of M/s. Janata Co-op. Bank, 2013 LLR 839: 2013 FLR 29 (Del HC).
- Air India Ltd. v. Mahinder Singh, 2014 LLR 60: 2014 (140) FLR 813: 2014 (1) LLN 146 (Del HC)
