nathrao
3131

https://www.livelaw.in/top-stories/d...ationer-147375
Judgement
https://www.livelaw.in/pdf_upload/pdf_upload-363435.pdf.
Clear decisions about deemed confirmation.
All HRs need to read this judgement for updation of professional knowledge.

From India, Pune
This judgment refers to the specific case cited, contents will be quoted extensively in litigations for cases similar to this nature of circumstances. It also now call for proper provisions are included in the appointment orders issued before joining to indicate unambiguous terms such as " there is no automatic confirmation unless & until a specific order of confirmation, either during the probation period or extension(s), if any thereof, or upon completion of such periods. Mere completion of cited Probation period doesn't vests automatic confirmation of services. The employer reserve the right to discharge the probationer from the services, if so assessed & concluded if the performance of the probationer during the probation period including the extension(s) if any found to be not satisfactory."
From India, Bangalore
@Nathuro, thanks for sharing this. Very useful.
From India, Mumbai
This judgment is specific one. This case citation would be applicable to cases, where deemed confirmation clause is existing.
From India, Mumbai
The readers may go through my article on 'Position regarding Discharge of Probationers' published in 2018 (157) FLR Journal section page 78
From India, undefined
Attached Files (Download Requires Membership)
File Type: docx Position of Discharge of Probationers- a study.docx (19.5 KB, 31 views)

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