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Ankit Tripathi (Lawyer)     31 July 2011

Re-employment of ex-service men

hi,

My problem is that : a person availing status of ex-servicemen is employed in a public sector on probation, whether he is eligible to avail to the same status on re-employment by some other public sector.

i seeks a revelent case law which defines "probation period" and examining on the re-employment of ex-servicemen.

regards

ankit



Learning

 5 Replies

K.S.Srinivas (Advisor (HR))     31 July 2011

An exserviceman employed in public sector as probationer may not be eligible to avail to the same status on re-employment by some other public sector.

Ankit Tripathi (Lawyer)     31 July 2011

thanks for your valuable response, but a doubt is budding that whether probation period establishes Employer-Employee relationship?

1 Like

K.S.Srinivas (Advisor (HR))     31 July 2011

Once the person is recruited in the organisation initially as temporary / emergency emplpyee, then immediately the employee-employer relationship starts.  Hence, during the  Probationary period also the same relationship exists.

Ankit Tripathi (Lawyer)     01 August 2011

So what i can infer is that if ex-servicemen on probationary period having a right to terminate his services and joins another civil side, then he may not be able to avail the same status because he has once established the master-servant relationship with former civil side.

If yes dont you think that non-availment of  ex-sevicemen quota in re-employment would directly affect his right to terminate service during probation (which is just only to test the persons ability). The satus of the ex-servicemen should continue untill one losses his right to terminate his service i.e. When he is confirmed? 


(Guest)

Dear Ankit,

 

You may not  forget that once a person is employed in any organization in any capacity, irrespective of being on probation, master-servant relation starts from the date he joins. Both master as well as servant are free to terminate/ resign by fulfilling the requirement of conditions of service, i.e., with due notice for termination or resignation, etc., as the case may be.


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