Labour Laws Q/A

Automatic Confirmation of a Probationer

Whether completion of probationary period would amount to automatic confirmation of a probationer?

The completion of the probationary period does not automatically amount to confirming the service of the incumbent, though it may have an effect of vesting in the office, a qualification for substantive permanent appointment. In one case, it has been held that the petitioner, who merely continued in the job after completion of the period of one year’s probation, must be deemed to have been only on probation without the issue of a fresh appointment or order of confirmation and, therefore, he cannot claim that he must be deemed to have been confirmed.1&2 The Allahabad High Court has held that the function of confirmation implies exercise of judgment by the confirming authority on overall performance and suitability of the probationer which is to be taken into consideration to reach at a definite conclusion as to whether the services of a probationer be confirmed or terminated. No doubt after completion of his one year of probationary period even if the Bank has found his services suitable and permitted him to continue, but in the next year his services may not have been found fit for absorption and while considering his overall performance, if the Bank has terminated the services of the probationer, the same cannot be said to be illegal or unjustified.3 The Gujarat High Court has also held that completion of the period of probation will not entitled the person concerned to claim confirmation as a matter of right since a specific order of confirmation is necessary before a probationer could claim that he should be treated as a regular employee.4 A probationer, after three years’ working, will be automatically confirmed when the Standing Orders provided maximum 12 months.5

When employment continues after the maximum period of probation by receiving annual increments, the concept of deemed confirmation would be justified.6

 


References:
1. Ramapal Mandada v. Life Insurance Corpn. of India, Hyderabad and Bombay, 1976 (32) FLR 224: 1976 Lab IC 960: 48 FJR 305: 1976 (II) LLJ 311: 1976 (II) LLN 341.
2. B.K. Sharma v. State of Uttar Pradesh, 1976 (32) FLR 280.
3. Mustafa Ansari v. Kisan Gramin Bank, 1992 LLR 234 (All HC).
4. Edwin A. Daniel v. Labour Court, Coimbatore, 1993 LLR 366 (Guj HC).
5. R.P. Garg v. Indian Oil Corporation Ltd., 2007 LLR 247 (All HC).
6. Rajneesh Kumar v. State Farms Corporation of India Ltd., 2015 LLR 405 (Del HC).

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