Understanding the probation & probationer

Understanding the probation & probationer
If an employee did not question her first or second extensions, she is not entitled to challenge the consequences of her poor assessment at belated stage at the time of termination of her services on account of unsatisfactory performance.

The expression ‘probationer’, its extension, confirmation or termination has given rise to a large number of judgments either of Supreme Court or High Courts. Certain ambiguities are clarified by interpreting the expression ‘probationer’ depending upon the given facts but sometime such interpretations have led to more controversies hence resulting into large number of cases arising again and again for judicial interpretations. The term ‘probationer’ is nowhere defined in any statute pertaining to labour matters except that clause (c) Order 2 of ‘Model Standing Orders in respect of Industrial Establishments not being Industrial Establishment in Coal Mines’ which provides as under :

“A ‘probationer’ is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period...

To Read The Full Story, Subscribe To Business Manager

H.L. Kumar

is Advocate, Supreme Court of India, New Delhi. He has also been former Law Teacher in University of Delhi.

View all posts

Author

H.L. Kumar

is Advocate, Supreme Court of India, New Delhi. He has also been former Law Teacher in University of Delhi.

Dec. 2022 Issue

Workplace Frustration
error: Content is protected !!