Legal Question in Employment Law in India

Hi, I have been recently employed in a semi government company w.e.f 16th June 2015 as an Asst. Director - Administration. The name of the company is Gems & Jewellery Export Promotion Council. As per my appointment letter , the period of probation mentioned is 6 months which has fallen due on 16th Dec 2015. I have been informed verbally by the HR department on 13th Jan 2016 that my probation has been further extended to three months due to non performance and still not communicated i writing as of date.

I understand that if the probation has to be extended, it should have been communicated in writing to me prior to the completion of my probation period. I need to know where i can find a written law to enable me to fight my justice with the company.

Thanks & Regards,

Agnelo D'Souza


Asked on 1/15/16, 1:44 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

15.01.2016

Dear Agnelo,

Yes, if the Company does not intimate to you in writing of extension of your probation, your services are deemed to be confirmed in the Company as on the date of completion of the probation period mentioned in your appointment letter i.e 15th December, 2015. As regards the law, the appointment letter is the contractual commitment and obligation between you and the Company. If the matter goes under Arbitration, the appointment letter issued by the Company is final.

Regards,

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Answered on 1/15/16, 1:54 am
Vivek Mapara Vivek N. Mapara

Dear Mr. Angelo D'Souza

The answer to your query depends on your Letter of Appointment. Moreover, since you are in semi government organization, there must be Service Rules framed by the Organization, which rules would govern your query.

Subject to Service Rules, If the Letter of Appointment says that, you shall deem to be under probation unless confirmed, then unless there is a Positive confirmation letter, you shall be deemed to be under Probation.

If Letter of Appointment only says that you shall be under probation for X months, and upon expiry of such X months, if there is no further communication, then subject to service rules, you shall deemed to be considered as Confirmed.

There are Judgment on this issue, one in Case of AIR 2000 SUPREME COURT 2070 "K. S. R. T. C. v. S. Manjunath" wherein Supreme Court, upon interpreting Service Rules, held that upon completion of probation period, an employee shall deemed to be confirmed.

A precise legal advise can be given only upon perusal of your Letter of Appointment and your Service Rules. Feel free to contact should you have any questions.

Best Regards

Vivek N Mapara

vnmlaws.com

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Answered on 1/18/16, 10:33 pm


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