the question which was raised in the beggining was , a. the probation period is for six months.b. if no letter is issued after the completion period can he become legally confirmed?
no doubt, an employe remains on probation till he is confirmed and he cannot claim automatic confirmation. the second part is that , this is not an absolute rule since it depends upon the terms and conditions of employment or the service rules or standing orders.it is also made clear that an employee cannot remain on probation for indefinite period more particularly when the model standing orders under the industrial employment ( standing orders) Act provide that a probationer will remain on probation for three months whereas the managenent can provide longer period but it cannot be a very long period. however, probationer will be automatically confirmed when he works even after the expiry of maximum period of probation as provided in the appoitment letter if necessary clauses are provided.
the point iam trying to make is 1. an employee remains on probation till he is confirmed.( which my learned friends have correctly adviced) 2. having said that it should also be kept in mind that unnecessary delay in confirming an employee is not accptable and in that case only when an employee works for more than the expired date of probation, the courts gives automatic confirmation.
1. khar Bhan Ram vs. punjab national bank and others 1994 LLR( all.HC) 2. subhash vithal pise vs. children film society of india, 1998 LLR 852 ( bom.HC)