Probationer completed eighteen months-terminated
KamalNayanSaxena
(Querist) 30 September 2008
This query is : Resolved
A Medical Rep. on probation for the period of two years. After completion of eighteen months, terminated on ground 'services are not found up to the mark of satisfaction'
Kindly provide the latest case law regarding the status of probationer under ID Act.
Is there any chance for his reinstatment?
SHEKHAR MISHRA
(Expert) 01 October 2008
If he has been terminated within the period of probation citing reasons that his services were not found to be satisfactory , he is not entitled for reinstatement.
H. S. Thukral
(Expert) 03 October 2008
Yes. A probationers services can be terminated during probation period without causing any stigma. However a probationer is also a workman under the ID Act and is entitiled to retrenchment compensation after completing 240 days of continuous service as per section 25F of the Act and termination sans compensation shall be illegal. The law pronounced by courts have changed after insertion of section 2(OO) bb in the ID Act.
Kiran Kumar
(Expert) 11 October 2008
there is a recent judgement probably last week where the SC says temporary workers can not be expelled arbitrarily.
i ve not seen the judgment yet, but will check it to find whether the same is applicabel to u as well.
but otherwise i strongly affirm the opinion expressed by Mr. Thukral.
H. S. Thukral
(Expert) 11 October 2008
After introduction of section 2(oo)bb, many High Courts have held that the termination of services of a probationer shall not be retrenchment and section 25 F of the ID Act shall not be applicable to such termination. I some how have argued in some cases that a probationer is appointed against a permanent post and it was not a fixed time contract where the renewal was required and the second part in the exception was also related to first part i.e. to fixed time contracts and therefore termination was not according to a stipulation in the contract. Such stipulation as to termination of contract on a notice is presentin every contract. Therefore the termination though feasable shall be subject to section 25 F of the Act but there is diverse opinion and majority of decision of late are against this argument.
