Hi..
I am working in an autonomous body under the Ministry of HRD, India. and the join the samiti on following terms and condition.
“You will be initially on probation for a period of two year from the date of your joining which may further be extended at the discretion of the competent authority. Failure to complete the period of probation to the satisfaction of the competent authority will render you liable to discharge from service. Further during the period of probation your service can be dispensed with by the Samiti without assigning any reasons. While on probation, you will be required to give one month’s notice of resignation in case you leave the Samiti”
I would like to know the clarification on the following points
- Can samiti extend the period of probation after two years of regular service (if two year of service completed from the date of joining)?
- If samiti, neither issued any extension letter no issued confirmation letter after two years of regular service (from the date of joining) then period of probation would be treated as deemed confirmed?
- Extension of period of probation after two years of regular service (if two year of service completed from the date of joining) can be challenged by employee in court?
- Is there any judgment by Supreme Court of India that if employee get extension letter before completing the period of probation the only probation can be extended otherwise employee will be treated as deemed confirmed
kindly suggest as per Indian law
Thanks
