Termination of an Employee-Probationer and the Legal Principles

Termination of an Employee-Probationer and the Legal Principles

In case of Vinayak Vidhyadayini Trust v. Aruna T. Prabhu [2010] GCtR 6457 (Bombay), an employee was terminated during probation period. Such termination was found to be illegal and costs was imposed on the employer. Direction was issued to reinstate the employee and employee was deemed to be confirmed and entitled to seniority and promotion. In this case, the employer had not considered the reply submitted by employee to SCN.

The following arguments made by employer were found not justified to sustain the termination : - 

1. Unsatisfactory performance ; 2. Assessement of service record during probation ; 3. Irregular attendance ; 4. Inability to perform certain work ; 5. Failure to maintain her work ; 5. Non submission of application for leave regularisation. 

Employee on the other hand has successfully challenged the termination order by making the argument that order of termination was arbitrary, whimsical, illegal and void ab initio. Employee had also argued that he had made best efforts to do the work.