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information   22 January 2016

Deemed confirmation

Hi..

I am working in an autonomous body under the Ministry of HRD, India. and the join the samiti on following terms and condition.

 

“You will be initially on probation for a period of two year from the date of your joining which may further be extended at the discretion of the competent authority. Failure to complete the period of probation to the satisfaction of the competent authority will render you liable to discharge from service. Further during the period of probation your service can be dispensed with by the Samiti without assigning any reasons. While on probation, you will be required to give one month’s notice of resignation in case you leave the Samiti”

 

I would like to know the clarification on the following points

1.Can samiti extend the period of probation after two years of regular service (if two year of service completed from the date of joining)?

 

2.If samiti, neither issued any extension letter no issued confirmation letter after two years of regular service (from the date of joining) then period of probation would be treated as deemed confirmed?

 

3.Extension of period of probation after two years of regular service (if two year of service completed from the date of joining) can be challenged by employee in court?

 

4.Is there any judgment by Supreme Court of India that if employee get extension letter before completing the period of probation then only probation can be extended otherwise employee will be treated as deemed confirmed kindly suggest as per Indian law Thanks

 

Please find the attachement of term and condition of appointment letter in JPEG format

Kindly suggest as per Indian Law



Learning

 4 Replies

Kumar Doab (FIN)     22 January 2016

Repeated Query.

 

Discuss in person with an able counsel specialziing in labor-service matters.

 


(Guest)

1. yes samiti can extend.

 

2. no. that would mean that you are discharged without showing reason.

 

3. you cannot challenge the authority in court since you knowingly signed the contract.

 

4. here are cases:

 

https://indiankanoon.org/docfragment/5302852/?formInput=deemed%20confirmation%20%20%20%20doctypes%3A%20judgments%20sortby%3A%20mostrecent

 

 

Kumar Doab (FIN)     23 January 2016

The dischrage or service dispensed with should be by a speaking order.

 

If there is no such speaking order well in time then it might be in your favor.

 

For extention the bosses should initiate and conclude the appraisal well in time.

 

If you are not satisfied and are not overage then better look for another employment that shall be upto your level of satisfaction.

 

information   05 May 2016

Respected all.

kindly see the following judgement by SC against in which the Miscellaneous Category Teachers was terminated after two year of service (please note that no one get the extension letter after two year of sercice) the Miscellaneous Category Teachers win the the case in CAT as well as in SC also

https://www.nvshq.org/uploads/1notice/SC_order.pdf

1.) Arix sir if they are discharge from the service (as per your reply) how  they win in CAT and SC

2.)@Arix sir  Miscellaneous Category Teachers they also challenged the termination in CAT

so my question is whether the extension is valid or not after the expiry of original probation period ( kinly see the image which I have uploaded in this reply in which it is mention that employee should be communicated within six to eight week in case of extension in probation period after the expiry of original period of prabation)

 

 


Attached File : 339761 20160505095225 244806153 sc order.pdf downloaded: 222 times

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