Probation period cannot be extended beyond limit prescribed in certified SO: P&H HC

Probation period cannot be extended beyond limit prescribed in certified SO: P&H HC

Punjab and Haryana High Court in Panipat co-operative Sugar Mills Ltd. vs. Presiding Officer, Industrial Tribunal [LPA-1055-2022 (O&M)] while placing reliance on the provisions of the certified standing orders under which the maximum period of probation, with any extension, could only be for 1 (one) year, upheld the order of the lower courts wherein it was held that the maximum period an employee could have been put on probation was only 1 (one) year, and on the expiry of the said period, he would automatically become a confirmed employee. The High Court further upheld the lower court’s decision to reinstate the workman as the employer terminated the services of the said workman [who was in service for more than 240 (two hundred and forty) days in a period of 12 (twelve) calendar months] without complying the pre-conditions for retrenchment as provided under the Industrial Disputes Act, 1947.

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November 2024

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