Notice Pay recovery

Rajendra Singh Gour (Querist) 07 August 2009 This query is : Resolved
I want expert opinion on following matter.

my previous employer sent notice for recovery of notice pay. I was not a confirmed employyee there. I worked there for 23 months . I have not recieved any confirmation letter during tenure.Even though i got pramotion , stating that term and condition of appointment letter will be remaining same.
Am i still probatione according to law? Please suggest me

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A V Vishal (Expert) 07 August 2009
Your query is not clear on the period of probation mentioned in the offer letter. If you have said that the company has promoted you, you cannot said to be a probationer, only confirmed employees are eligible for promotion. Mere stating in the promotion letter that the terms and conditions remain the same does not entitle you to be called a probationer. You are bound by the terms governing the notice period and notice pay. Hence advise can be given based on the terms of the employment offer letter.