Probationer’s termination due to non extension of period would not be retrenchment: Gujarat High Court

Probationer’s termination due to non extension of period would not be retrenchment: Gujarat High Court

Gujarat High Court in Chief Executive and other(s) vs. Vanji bhai Lalji bhai Chaudhary SCA No. 10361/2008, on August 10, 2022, affirmed the employer’s decision of terminating the services of the employee who was appointed on probation for one year and the extension of probation was subject to satisfactory work while placing reliance on the definition of “retrenchment” as contained under Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (“ID Act“), which excludes termination of service of a workman as a result of non- renewal of a contract of the employment or termination on expiry in view of a stipulation as contained in the order therein.

Also read: Malafide retrenchment would lead to reinstatement with back wages: Supreme Court

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November 2024

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