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dear All, we would like terminate our one employee still he is on probation so may i terminate them without enquiry because he is not confirm employee . Thanks Manu
From India, Surat
Dear Manu,
Yes u can terminate a probationary employee after the date on which his probationary period is going to be over for his unsatisfactory performance.....
i hope u can understand what i want to say.
Supreme Court Judgement on this issue are like:
Reinstatement of driver for unsatisfactory work during probation, would be unjustified. (Chhata Sugar Company Ltd. vs Presiding Officer, Labour Court, Agra and Another. 2005 LLR 613 (Allahabad)
Probationer completed 240 days, can not be terminated without complying sec. 25F of I.D. Act. (Surya Prakash vs Management and & Others. 2005 LLR 686 (Delhi)
Probationer has no lien on job and can not claim permanancy on expiry of the period. (The National Small Industries Corporation Ltd., and Two others Vs. M.Narayanan. 2005 LLR 967. (Kerala)
Enclosed please find another judgement on this matter... may help u.
Regards.
Jawed Alam

From India, Dhanbad
Attached Files (Download Requires Membership)
File Type: doc TERMINATION OF PROBATIONARY.doc (103.0 KB, 2098 views)

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