Labour Laws Q/A

Confirmation of Probationer

Whether completion of the probationary period would mean automatic confirmation of a probationer?

The completion of the probationary period does not amount to automatically confirming the service of the incumbent though it may have an effect of vesting in the officer, a qualification for substantive permanent appointment.1 In one case, it has been held that the petitioner, who merely continues in the job after completion of the period of one year’s probation must be deemed to have been on probation without the issue of a fresh extension letter. Therefore, he cannot claim that he must be deemed to have been confirmed.2 The Allahabad High Court had 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 A probationer appointed for one year which was extendable further, cannot attain permanency on completion of 350 days.4

A probationer cannot claim automatic confirmation of his probationary services even if he continues to perform his duty after expiry of probationary period in the absence of any express condition of his services in this respect in his employment contract i.e., his appointment letter. Hence, until a probationer is issued a confirmation letter in respect of his services, he would be deemed to be on probation irrespective of expiry of his probationary period.5 A probationer is not automatically confirmed even after expiry of the specified period of probation. Hence even on his termination without holding of enquiry, he will not be entitled to reinstatement.6 When letter of appointment specifically states that probationary period will come to an end successfully only by a specific order of confirmation, a probationer will not be deemed to be confirmed till a specific confirmation order is received by him.7

In the absence of any deeming clause or term in the contract of employment for automatic confirmation on expiry of probation or extended period of probation, the services of the employee would continue on probation, till he is confirmed in his employment. As such when the contract of employment does not provide for automatic confirmation on expiry of probation period, the employee would remain probationer till his services are confirmed by a positive act of the employer.8 Probation period will continue till an order of satisfactory completion of probationary services is passed by the employer irrespective of the fact that the employee continued to work after completion of maximum probationary period.9

 

 

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